HomeMy WebLinkAbout2022.03.15_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
Council Chambers Old Central Building 109 North Birch, Owasso, OK
Tuesday, March 15, 2022 - 6:30 PM
NOTE: APPROPRIATE ACTION may include, but is not limited to acknowledging, affirming, amending, approving,
authorizing, awarding, denying, postponing, or tabling.
AGENDA
1. Call to Order
Mayor Bill Bush
2. Invocation
Pastor Don Cason of Hope Chapel Foursquare Church
3. Flag Salute
4. Roll Call
RECEIVED
MAR 11 2022
City Clerk's Office
5. Consideration and appropriate action relating to a request for approval of the Consent
Agenda. (All matters listed under "Consent" are considered by the City Council to be routine
and will be enacted by one motion. Any Councilor may, however, remove an item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.)
A. Approve minutes - March 1, 2022, and March 8, 2022, Regular Meetings
B. Approve claims
C. Approve deferred retirement benefits for Jennifer Newman and Michael Vincent
through the Oklahoma Municipal Retirement Fund
D. Accept public infrastructure improvements of two (2) concrete approaches with
concrete drainage structures and sanitary sewer located south and east of the
intersection of East 861h Street North and North Memorial Drive - A New Leaf: The
Village
6. Consideration and appropriate action relating to items removed from the Consent Agenda
Consideration and appropriate action relating to a Specific Use Permit (SUP) for approximately
2.09 acres located at 9600 North Garnett Road (QuikTrip) for a corwash addition, as referenced
in SUP 22 -01
Alexa Beemer
Staff recommends approval of SUP 22 -01.
8. Consideration and appropriate action relating to Resolution 2022 -02, authorizing the submittal
of an application for the 2022 Community Development Block Grant (CDBG) Program funding
and selecting the preferred project
Karl Fritschen
Staff recommends approval of Resolution 2022 -02, requesting assistance from the Tulsa County
CDBG Urban County Program, approving an application identifying the installation of a water
line in the Hale Acres subdivision as the preferred project for the FY 2022 funding cycle, and
authorization to execute all related documents.
Consideration and appropriate action relating to bids received for the Community Center
Outdoor Classroom and Gathering Area Project
Larry Langford
Staff recommends awarding the base bid and all alternates to Grassolutions, of Tulsa,
Oklahoma, in the amount of $103,532.85, and authorization to execute all necessary
documents.
Owasso City Council
March 15, 2022
Page 2
10. Consideration and appropriate action relating to bids received for the 2022 Centennial Park
Mowing Contract
Lary Langford
Staff recommends awarding the contract to Oklahoma Facility Services, LLC, of Tulsa,
Oklahoma, in the amount of $950.00 per mowing and authorization to execute all necessary
documents.
11. Consideration and appropriate action relating to acceptance and final payment of the North
137th East Avenue Service Road Extension Project
Earl Farris
Staff recommends acceptance of the project and authorization for final payment to Paragon
Contractors, LLC, of Tulsa, Oklahoma, in the amount of $32,091.67.
12. Consideration and appropriate action relating to Ordinance 1191, amending the Employee
Retirement System by adopting the revised and restated Oklahoma Municipal Retirement Fund
Master Defined Contribution Retirement Plan, and Joinder Agreement
Michele Dempster
Staff recommends adoption of Ordinance 1191.
13. Report from City Manager
14. Report from City Attorney
15. Report from City Councilors
16. Official Notices (documents for acknowledgment of receipt or information only, no discussion
or action will be taken)
• Payroll Payment Report- Pay Period Ending Date February 26, 2022
• Health Care Self- Insurance Claims - dated as of March 10, 2022
• Monthly Budget Status Report - February 2022
17. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
18. Adjournment
Notice of Public Meeting filed in the office of the City Clerk on Friday, December 10, 2021, and
the Agenda posted at City Hall, 200 South Main Street, at 2:00 pm on Friday, March 1], 2022.
M. Stevens, 'ty Clerk
The City of Owasso encourages citizen participation. To request n accommodation due to a disability, contact the City
Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens @citvofowasso.com
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
TUESDAY, MARCH 1, 2022
The Owasso City Council met in regular session on Tuesday, March 1, 2022, in the Council
Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting
filed Friday, December 10, 2021; and the Agenda filed in the office of the City Clerk and posted
at City Hall, 200 South Main Street, at 12:00 pm on Friday, February 25, 2022; and the notice of
Addendum filed in the office of the City Clerk and posted at said City Hall at 3:30 pm on Monday
February 28, 2022.
1. Call to Order
Mayor Bill Bush called the meeting to order at 6:30pm.
2. Invocation
The Invocation was offered by Pastor Chris Wills of No Limits Church
3. Flag Salute
Councilor Lyndell Dunn led the flag salute.
4. Roll Call
Present Absent
Mayor - Bill Bush None
Vice Mayor - Kelly Lewis
Councilor - Alvin Fruga
Councilor- Doug Bonebrake
Councilor - Lyndell Dunn
A quorum was declared present.
Staff:
Assistant City Manager- Chris Garrett
City Attorney - Julie Lombardi
5. Presentation of Character Trait of Patience
Michele Dempster, Character Council Member, presented the character trait for the month
of March.
6. Consideration and appropriate action relating to a request for approval of the Consent
Agenda. (All matters listed under "Consent" are considered by the City Council to be routine
and will be enacted by one motion. Any Councilor may, however, remove an item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.)
A. Approve minutes - February 15, 2022, Regular Meeting
B. Approve claims
C. Declare the following vehicles as surplus to the needs of the City and authorize
disposal:
• 2008 Chevrolet C 4500 ambulance, VIN# 1 GBE4V1968F406138
• 2009 Chevrolet C -4500 ambulance, VIN# 1 GBE4V I979F402102
Mr. Bonebrake moved, seconded by Ms. Lewis to approve the Consent Agenda, as presented
with claims totaling $459,447.89.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
7. Consideration and appropriate action relating to items removed from the Consent Agenda
None
Owasso City Council
March 1, 2022
Page 2
8. Consideration and appropriate action relating to Resolution 2022 -01, amending the list of
Capital Improvement Projects eligible for funding from the Capital Improvements Fund to
include the Public Works and Parks Facilities, Northwest Regional Detention Project located
south and east of the East 116th Street North and North Mingo Road intersection and Owasso
Police Department Firing Range Shoot House and Multi -Use Facility
Teresa Willson presented the item, recommending approval of Resolution 2022 -01.
There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by
Mr. Bonebrake to approve Resolution 2022 -01, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
9. Consideration and appropriate action relating to the purchase of right -of -way for the East 96th
Street North from North 119th East Avenue to North 129th East Avenue Roadway Improvement
Project
Roger Stevens presented the item, recommending authorization for the following payments:
• $127,040.00, to Owasso Market Devco, for the acquisition of right -of -way and easement,
located at 12041 East 961h Street North
• $232,950.00, to The Center at Owasso, LLC, for the acquisition of right -of -way, easement
and compensation for damages, located at 12280 East 96th Street North and 9046 North
121st East Avenue
• $18,460.00, to TKG Smith Farm LLC, for the acquisition of right -of -way and easement,
located at 9018 North 121 sf East Avenue
There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by
Mr. Fruga to authorize each payment, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
10. Consideration and appropriate action relating to the payment of the Commissioners Award in
Case No. 19 -cv- 00424- CVE -CDL, City of Owasso, Oklahoma, A Municipal Corporation vs.
United States Department of Interior, Bureau of Indian Affairs, on behalf of the Heirs of Virginia
Potts Arnold Grinder, ET AL.
Julie Lombardi presented the item, recommending authorization for payment in the amount
of $8,500.00 to the U.S. District Court for the Northern District of Oklahoma.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Mr. Dunn to authorize payment, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
11. Report from City Manager
Chris Garrett introduced Roger Stevens to provide the monthly Public Works project status
report and discussion was held.
12. Report from City Attorney
None
13. Report from City Councilors
None
Owasso City Council
March 1, 2022
Page 3
14. Official Notices (documents for acknowledgment of receipt or information only, no discussion
or action will be taken)
The Mayor acknowledged receipt of the following:
• Payroll Payment Report - Pay Period Ending Date February 12, 2022
• Health Care Self- Insurance Claims - dated as of February 23, 2022
• Oklahoma Department of Environmental Quality Permit No. WL000072210921 for
water line improvements for the East 1 16th Street North and North Garnett Road
• Oklahoma Department of Environmental Quality Permit No. SL000072210756 for
Garrett Creek East MAE Sanitary Sewer
15. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
None
16. Adjournment
Ms. Lewis moved, seconded by Mr. Fruga to adjourn the meeting.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0 and the meeting adjourned at 7:07 pm.
Bill Bush, Mayor
Juliann M. Stevens, City Clerk
OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND
PUBLIC GOLF AUTHORITY
MINUTES OF JOINT REGULAR MEETING
TUESDAY, MARCH 8, 2022
The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority
(OPGA) met in a joint regular meeting on Tuesday, March 8, 2022, in the Council Chambers at Old
Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday,
December 10, 2021; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200
South Main Street, at 4:00 pm on Friday, March 4, 2022.
1. Call to Order /Roll Call
Mayor /Chair Bill Bush called the meeting to order at 6:00 pm.
Present Absent
Mayor /Chair- Bill Bush None
Vice Mayor /Vice Chair- Kelly Lewis
Councilor /Trustee - Alvin Fruga
Councilor /Trustee - Doug Bonebrake
Councilor /Trustee - Lyndell Dunn
A quorum was declared present.
2. Discussion relating to the 2022 Mayor and Vice Mayor / Chair and Vice Chair election process
Mayor /Chair Bill Bush presented the item and discussion was held.
3. Discussion relating to Community Development items
A. Request for a Specific Use Permit- approximately 2.09 acres located at 9600 North Garnett
Road (QuikTrip) for a carwash addition, as referenced in SUP 22 -01
B. Application for the 2022 Community Development Block Grant (CDBG) Program funding
and project selection
Alexa Beemer presented item A and discussion was held. Karl Fritschen presented item B and
discussion was held. It was further explained both items would be placed on the March 15, 2022,
City Council agenda for consideration and action.
4. Discussion relating to the purchase of computer aided dispatch (CAD) software
This item was removed from the agenda.
5. Discussion relating to the evaluation process and employment contracts for the City Manager
and the City Attorney
Michele Dempster presented the item and discussion was held.
6. Discussion relating to City /Authority Manager items
A. Monthly sales tax report
B. City Manager report
Warren Lehr introduced Linda Jones -Holt to provide the monthly sales tax report and discussion
was held. Mr. Lehr reported on changes to the Oklahoma State Department of Health's
dissemination of Covid -19 related case information.
7. City Councilor /Trustee comments and inquiries
Mr. Bush commented on rising gas prices and inquired about the impact on the budget. Mr. Lehr
responded to the inquiry.
8. Adjournment
The meeting adjourned at 6:28 pm.
Bill Bush, Mayor /Chair
Juliann M. Stevens, City Clerk
Claims List - 3115/2022
Fund Vendor Name Payable Description Payment
Amount
01 GENERAL PDG INC. FUNTASTIC ISLAND $3,600.00
FUNTASTIC SPLASH PAD - Total
$3,600.00
BLUE ENERGY FUELS LLC
CNG FUEL PURCH FEB22
$45.94
CITY GARAGE
CITY GARAGE OH FEB22
$189.83
COX COMMUNICATIONS
PHONE
$10.56
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$34.58
JPMORGAN CHASE BANK
AMAZON- REFUND
($424.61)
JPMORGAN CHASE BANK
AMAZON -TOOLS
$115.50
JPMORGAN CHASE BANK
AMAZON -VEH EQUIP
$679.36
JPMORGAN CHASE BANK
EKLUND -PROF FEE
$500.00
JPMORGAN CHASE BANK
HOME DEPOT- REFUND
($64.97)
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
$2.56
JPMORGAN CHASE BANK
SOMES- UNIFORM
$20.00
JPMORGAN CHASE BANK
TIME2SHINE -PROF FEE
$39.99
JPMORGAN CHASE BANK
WALMART- SUPPLIES
$78.60
JPMORGAN CHASE BANK
WEST COAST- SUPPLIES
$120.95
VERIZON WIRELESS
WIRELESS CONNECTION
$80.02
GEN ANIMAL CONTROL -Total
$1,428.31
CITY GARAGE
CITY GARAGE PARTS FEB22
$25.00
JPMORGAN CHASE BANK
BROWN FARMS -SOD
$70.00
JPMORGAN CHASE BANK
LOWES -GLUE
$12.98
JPMORGAN CHASE BANK
NEXTCARE- VACCINATIONS
$200.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$20.40
GEN CEMETERY -Total $328.38
JPMORGAN CHASE BANK SAMS- SUPPLIES $27.46
GEN COMM CTR DONATIONS -Total
$27.46
COX COMMUNICATIONS
PHONE
$17.61
DALE & LEES SERVICE INC
SERVICE
$1,151.00
GRAND GATEWAY ECO. DEV. ASSC.
SENIOR RIDES FOR JANUARY
$115.00
JPMORGAN CHASE BANK
AMAZON -PAPER
$220.09
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$24.98
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
$8.90
JPMORGAN CHASE BANK
NRPA -MEMB FEE
$175.00
JPMORGAN CHASE BANK
QUIT BUGGIN -PEST CONT
$95.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$91.30
JPMORGAN CHASE BANK
STRONGER SENIORS -SPLY
$20.98
JPMORGAN CHASE BANK
TAICHI- SUPPLIES
$39.90
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$674.81
GEN COMMUNITY CENTER -Total
$2,834.57
BLUE ENERGY FUELS LLC
CNG FUEL PURCH FEB22
$67.22
1
Fund
01 GENERAL
Claims List - 3/15/2022
Vendor Name
Payable Description Payment
Amount
CITY GARAGE
CITY GARAGE OH FEB22
$354.67
COX COMMUNICATIONS
PHONE
$28.17
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$368.76
HAROLD RANDALL PINNEY
CLEANING
$900.00
JPMORGAN CHASE BANK
OFFICE DEPOT- SUPPLIES
$11.69
TULSA COUNTY CLERK
TULSA COUNTY FILINGS
$18.00
VERIZON WIRELESS
WIRELESS CONNECTION
$256.23
GEN COMMUNITY DEVELOPMENT -Total
$2,004.74
CHRISTOPHER WALKER
PARKS RESTROOMS
$500.00
COX COMMUNICATIONS
JANITORIA
$28.21
CITY GARAGE
CITY GARAGE OH FEB22
$67.58
COX COMMUNICATIONS
PHONE
$14.08
JPMORGAN CHASE BANK
HOME DEPOT -PARTS
$44.94
JPMORGAN CHASE BANK
LOWES - GLOVES
$71.94
JPMORGAN CHASE BANK
LOWES -PARTS
$100.56
JPMORGAN CHASE BANK
LOWES -ZIP TIES
$22.48
UNIFIRST HOLDINGS LP
REDBUD DISTRICT FACILITIE
$36.63
GEN CULTURE & RECREATION -Total
$858.21
COX COMMUNICATIONS
PHONE
$7.04
JPMORGAN CHASE BANK
ADOBE -SUB FEE
$29.99
JPMORGAN CHASE BANK
OK NEWS -SUB FEE
$14.99
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
GEN ECONOMIC DEV -Total
$92.03
AT &T
CONSOLIDATED PHONE
$20.35
CITY GARAGE
CITY GARAGE OH FEB22
$186.67
COX COMMUNICATIONS
PHONE
$3.52
JPMORGAN CHASE BANK
AMAZON - WEATHER RADIOS
$920.11
JPMORGAN CHASE BANK
OK EMER -CONF FEE
$520.00
VERDIGRIS VALLEY ELECTRIC COOP
STORM SIREN ELECTRIC
$93.82
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
GEN EMERG PREPAREDNESS -Total
$1,784.48
CITY GARAGE
CITY GARAGE OH FEB22
$585.17
COX COMMUNICATIONS
PHONE
$2817
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$337.47
JPMORGAN CHASE BANK
BD OF RFPE -LIC FEE
$154.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$32.92
VERIZON WIRELESS
WIRELESS CONNECTION
$80.02
GEN ENGINEERING -Total
$1,217.75
CITY GARAGE
CITY GARAGE OH FEB22
$98.92
COX COMMUNICATIONS
PHONE
$28.21
JPMORGAN CHASE BANK
API APA -MEMB FEE
$275.00
E
Claims List - 3115/2022
Fund Vendor Name
Payable Description
Payment
Amount
O1 GENERAL JPMORGAN CHASE BANK
EBAY -REPL UPS
$99.88
JPMORGAN CHASE BANK
USPS- POSTAGE
$26.95
SUMNERONE INC
COPIER SERVICES
$54.59
GEN FINANCE -Total
SPARE VIDEO CAMERA FOR FA
$583.55
AT &T
CONSOLIDATED PHONE
$920.22
JPMORGAN CHASE BANK
AMER WASTE - DUMPSTER
$96.60
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$48.92
MCAFEE &TAFT
LEGAL - PERSONNEL
$15,664.45
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$1,860.36
PROSTAR SERVICES INC
COFFEE SUPPLIES
$135.92
SUMNERONE INC
COPIER SERVICE AND SUPPLI
$1,049.99
TREASURER PETTY CASH
POSTAGE
$200.00
TULSA COUNTY CLERK
TULSA COUNTY FILINGS
$20.00
VERIZON WIRELESS
WIRELESS CONNECTION
$42.25
GEN GENERAL GOVERNMENT -Total
$20,038.71
COX COMMUNICATIONS
PHONE
$3.52
JPMORGAN CHASE BANK
AMAZON - ALARMS
$70.28
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$269.01
GEN HISTORICAL MUSEUM -Total
SPARE VIDEO CAMERA FOR FA
$342.81
AMERICANCHECKED INC ATTN: BILLING
BACKGROUND CHECKS
$355.15
COX COMMUNICATIONS
PHONE
$14.08
JPMORGAN CHASE BANK
AMAZON -BOOKS
$10.50
JPMORGAN CHASE BANK
GIANT TV -EMPL DEV
$449.00
JPMORGAN CHASE BANK
NEXTCARE -DRUG TESTING
$555.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$3.59
STRATEGIC GOVERNMENT RESOURCES,
EMPLOYEE DEVELOPMENT
$1,600.00
INC
WIRELESS CONNECTION
$200.05
TREASURER PETTY CASH
EMPLOYEE RECOGNITION
$15.00
GEN HUMAN RESOURCES -Total
$3,002.32
AT &T
CONSOLIDATED PHONE
$20.35
CITY GARAGE
CITY GARAGE OH FEB22
$136.67
COX COMMUNICATIONS
PHONE
$21.13
DIGI SECURITY SYSTEMS
SPARE VIDEO CAMERA FOR FA
$1,006.50
JPMORGAN CHASE BANK
AMAZON -PC EQUIP
$253.91
JPMORGAN CHASE BANK
COX - INTERNET
$1,585.28
JPMORGAN CHASE BANK
COX -SIP BILL
$111.50
JPMORGAN CHASE BANK
DELL - COMPUTER
$1,242.24
JPMORGAN CHASE BANK
DELL - MONITOR
$540.30
JPMORGAN CHASE BANK
DIGI SECURITY - CAMERA
$1,107.42
JPMORGAN CHASE BANK
OFFICE DEPOT -PC EQUIP
$59.97
VERIZON WIRELESS
WIRELESS CONNECTION
$200.05
3
Claims List - 3/15/2022
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL GEN INFORMATION TECH - Total
PHONE
$6,285.32
CITY GARAGE
CITY GARAGE OH FEB22
$246.50
COX COMMUNICATIONS
PHONE
$21.13
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$38.62
JPMORGAN CHASE BANK
AMAZON -BOOKS
$22.16
JPMORGAN CHASE BANK
MEETING EXPENSE
$7.50
JPMORGAN CHASE BANK
MEETING EXPENSE 3/2
$13.50
JPMORGAN CHASE BANK
OK MUN -CONF FEE
$150.00
GEN MANAGERIAL -Total
$10,327.18
$499,41
COX COMMUNICATIONS
PHONE
$14,08
JPMORGAN CHASE BANK
REASORS -WATER BOTTLES
$3.90
GEN MUNICIPAL COURT -Total
CITY GARAGE PARTS FEB22
$17,98
BLUE ENERGY FUELS LLC
CNG FUEL PURCH FEB22
$95.35
CITY GARAGE
CITY GARAGE OH FEB22
$1,534.08
CITY GARAGE
CITY GARAGE PARTS FEB22
$135.39
CITY OF OWASSO
WATER
$532.00
COX COMMUNICATIONS
PHONE
$3.52
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$161.25
JPMORGAN CHASE BANK
AMAZON -PARTS
$419.60
JPMORGAN CHASE BANK
PIKEPASS -FEES
$5.15
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$122.27
PLAY BY DESIGN, INC.
SWING REPAIR /REPLACEMENT
$6,704.00
ROGERS COUNTY RURAL WATER
CENTENNIAL PARK WATER
$285.98
DISTRICT
SER
THE ADT SECURITY CORPORATION
PARKS OFFICE SECURITY SYS
$85.44
UNIFIRST HOLDINGS LP
PARKS STAFF UNIFORMS
$103.54
VERDIGRIS VALLEY ELECTRIC COOP
PARKS ELECTRIC
$63.60
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
WASHINGTON CO RURAL WATER DISTRICT
WATER SERVICE @ MCCARTY
$36.00
P
GEN PARKS -Total
$10,327.18
DEPARTMENT OF PUBLIC SAFETY OLETS
$500.00
GEN POLICE COMMUNICATIONS -Total
$500.00
SPECIAL OPS UNIFORMS, INC LEHNER BULLETPROOF VEST
$405.00
SPECIAL OPS UNIFORMS, INC MALONE BULLETPROOF VEST
$405.00
GEN POLICE DOJ VEST GIRT -Total
$810.00
BLUE ENERGY FUELS LLC
CNG FUEL PURCH FEB22
$399.89
CITY GARAGE
CITY GARAGE OH FEB22
$4,295.83
CITY GARAGE
CITY GARAGE PARTS FEB22
$1,564.54
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$3,974.34
JPMORGAN CHASE BANK
ATWOODS -BOOTS
$124.99
4
Fund
01
Claims List - 3/15/2022
Vendor Name
GENERAL JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
SPIRIT LANDSCAPE MANAGEMENT LLC
SPIRIT LANDSCAPE MANAGEMENT LLC
SPOK INC.
UNIFIRST HOLDINGS LP
VERIZON WIRELESS
Payable Description Payment
Amount
NEXTCARE- VACCINATIONS
$200.00
OFFICE DEPOT -LABEL MA
$48.98
OREILLY -FUEL CAP
$15.21
P &K- BLADES
$61.89
P &K -PARTS
$7.50
STANDARD SPLY -PARTS
$6.75
WHITE STAR -DOOR LATCH
$187.10
WHITE STAR -PARTS
$78.55
96TH STREET LANDSCAPE
$247.50
MAIN STREET LANDSCAPE
$410.00
PAGER USE
$77.41
UNIFORM SERVICES
$170.35
WIRELESS CONNECTION
$80.02
GEN STORMWATER -Total
$11,950.85
AT &T
CONSOLIDATED PHONE
$20.35
BLUE ENERGY FUELS LLC
CNG FUEL PURCH FEB22
$40.62
CITY GARAGE
CITY GARAGE OH FEB22
$641.75
COX COMMUNICATIONS
PHONE
$10.56
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$16.97
JPMORGAN CHASE BANK
COX - INTERNET
$69.95
KING DAVIS ARCHITECTS
ARCH. DESIGN FOR OC BATHR
$2,500.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
$23.60
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
GEN SUPPORT SERVICES -Total
$3,363.81
AEP IPSO
STREET LIGHTS
$10.92
TREASURER PETTY CASH
CC REFUND - BALLARD
$50.00
TREASURER PETTY CASH
CC REFUND - EDWARDS
$100.00
TREASURER PETTY CASH
FALSE ALRM REF - HUSTON
$30.00
TREASURER PETTY CASH
OC REFUND -BIBLE CHURC
$400.00
GENERAL -Total
$590.92
GENERAL -Total
$7248879
20 AMBULANCE SERVICE CITY GARAGE
CITY GARAGE OH FEB22
$1,254.08
CITY GARAGE
CITY GARAGE PARTS FEB22
$113.65
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$2,777.77
JPMORGAN CHASE BANK
BOUND TREE - SUPPLIES
$602.95
JPMORGAN CHASE BANK
CAPITAL WASTE -MED SVC
$320.00
JPMORGAN CHASE BANK
CORNERSTONE - FILTERS
$23.48
JPMORGAN CHASE BANK
FULLERTON- SUPPLIES
$163.50
JPMORGAN CHASE BANK
HENRY SCHEIN- SUPPLIES
$56.00
JPMORGAN CHASE BANK
INTERSTATE - DISPOSAL
$26.25
JPMORGAN CHASE BANK
LIFE ASSIST- SUPPLIES
$5,650.06
5
Claims List - 3/15/2022
Fund
Vendor Name
Payable Description
Payment
Amount
20 AMBULANCE SERVICE
JPMORGAN CHASE BANK
LODGING EXP 2/25
$183.80
JPMORGAN CHASE BANK
S ANESTHESIA- SUPPLIES
$659.95
JPMORGAN CHASE BANK
STRYKER- REPAIR
$1,597.02
JPMORGAN CHASE BANK
T &W TIRE -TIRES
$2,261.40
JPMORGAN CHASE BANK
ZOLL- BATTERIES
$2,475.00
JPMORGAN CHASE BANK
ZOLL- SUPPLIES
$512.50
MEDICLAIMS INC
BILLING SERVICES
$14,183.31
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
AMBULANCE -Total
$32,900.73
TREASURER PETTY CASH
SR AMB DISC - HENDERSON
$20.40
TREASURER PETTY CASH
SR AMB DISC- WATKINS
$20.40
AMBULANCE SERVICE -Total
$40.80
AMBULANCE SERVICE -Total
$32,941,53
21 E-911
AT &T
CONSOLIDATED PHONE
$329.50
AT &T
T1 CIRCUITS @ RADIO TOWER
$1,000.68
COX COMMUNICATIONS
TI CIRCUITS AT RADIO TOWE
$229.00
JPMORGAN CHASE BANK
GENCORE- SOFTWARE
$3,158.00
JPMORGAN CHASE BANK
MEETING EXPENSE 2118
$17.48
JPMORGAN CHASE BANK
SAMS -PAPER
$20122
M & M MICRO SYSTEMS INC
ANNUAL SOFTWARE AGRMT
$5,000.00
MOTOROLA SOLUTIONS INC
MONTHLY PYMT ASTRO
$2,714.75
SYSTEM
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
E911 COMMUNICATIONS -Total
$12,692.64
E -911 -Total
$12,692.64
25 HOTEL TAX
JPMORGAN CHASE BANK
MEETING EXPENSE 3/3
$143.00
TREASURER PETTY CASH
MILEAGE REIMB -LEVO FE
$152.99
HOTEL TAX ECON DEV -Total
$295,99
CITY GARAGE
CITY GARAGE OH FEB22
$69.92
COX COMMUNICATIONS
PHONE
$7.04
STRONG NEIGHBORHOODS -Total
$76.96
HOTELTAX -Total
$372.95
27 STORMWATER MANAGEMENT
COX COMMUNICATIONS
PHONE
$7.04
JPMORGAN CHASE BANK
AMAZON -PC EQUIP
$253.91
JPMORGAN CHASE BANK
BROWN FARMS -SOD
$70.00
JPMORGAN CHASE BANK
DELL - COMPUTER
$1,242.24
JPMORGAN CHASE BANK
DELL - MONITOR
$540.30
JPMORGAN CHASE BANK
EBAY -REPL UPS
$99.88
JPMORGAN CHASE BANK
EQUIP ONE - TAMPER
$84.00
JPMORGAN CHASE BANK
UPS-POSTAGE
$317.47
9
Claims List - 3/15/2022
Fund Vendor Name Payable Description Payment
Amount
27 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - $2,965.00
UNIFIRST HOLDINGS LP UNIFORM SERVICES $11.98
VERIZON WIRELESS WIRELESS CONNECTION $40.03
STORMWATER - STORMWATER -Total $5,631.85
STORMWATER MANAGEMENT
-Total
$5,631.85
31 AMBULANCE CAPITAL
TREASURER PETTY CASH
SR AMB DISC - HENDERSON
$3.60
TREASURER PETTY CASH
SRAMB DISC- WATKINS
$3.60
VISION TAX -Total
AMBULANCE CAPITAL -Total
$7,20
AMBULANCE CAPITAL -Total
HORSESHOE CONSTRUCTION INC
$720
34 VISION TAX
GUY ENGINEERING SERVICES INC
ENGINEERING SVCS
$4,800.75
$126,844.00
CAPITAL IMPROV GRANTS
AGREEMEN
7
116TH - GARNETT RD TO 129TH - Total
$4,800.75
CROSSLAND HEAVY CONTRACTORS
CONSTRUCTION SVCS - 116 S
$103,536.32
116THIGARNETT INTERS IMPR -Total
$103,536.32
VISION TAX -Total
$108,337.07
36 CAPITAL IMPROV GRANTS
HORSESHOE CONSTRUCTION INC
CDBG 2021 -HALE ACRES PHAS
$126,844.00
CDBG21 -HALE ACRES PHASE 4 -Total
$126,844.00
CAPITAL IMPROV GRANTS
-Total
$126,844.00
37 SALES TAX FIRE
AT &T
CONSOLIDATED PHONE
$20.35
CITY GARAGE
CITY GARAGE OH FEB22
$4,532.75
CITY GARAGE
CITY GARAGE PARTS FEB22
$230.20
CITY OF OWASSO
WATER
$178.50
COX COMMUNICATIONS
PHONE
$116.20
DALE & LEES SERVICE INC
REPAIRED AC
$506.00
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$2,627.81
JPMORGAN CHASE BANK
A &B- UNIFORMS
$4,377.80
JPMORGAN CHASE BANK
ADOBE -FEE
$419.88
JPMORGAN CHASE BANK
AMAZON -AXLE KIT
$109.99
JPMORGAN CHASE BANK
AMAZON - ERASERS
$6.86
JPMORGAN CHASE BANK
AMAZON - GLOVES /PPE
$84.90
JPMORGAN CHASE BANK
AMAZON- GREASE
$73.15
JPMORGAN CHASE BANK
AMAZON -PARTS
$265.84
JPMORGAN CHASE BANK
AMAZON -SEAT
$334.00
JPMORGAN CHASE BANK
AMAZON -TIRES
$549.75
JPMORGAN CHASE BANK
CARHARTT- REFUND
($8.70)
JPMORGAN CHASE BANK
CARHARTT- UNIFORMS
$106.19
JPMORGAN CHASE BANK
CONRAD- CABLES
$549.96
JPMORGAN CHASE BANK
CONRAD -GAUGE
$876.44
JPMORGAN CHASE BANK
CONRAD -PARTS
$233.44
JPMORGAN CHASE BANK
DELL - COMPUTER
$1,242.24
7
Claims List - 3/1512022
Fund Vendor Name
Payable Description
Payment
Amount
37 SALES TAX FIRE JPMORGAN CHASE BANK
EBAY -CLIPS
$200.56
JPMORGAN CHASE BANK
EBAY- REFUND
($32.21)
JPMORGAN CHASE BANK
FIRE SVC TRAINING -TRA
$600.00
JPMORGAN CHASE BANK
FMAO -CONF FEE
$70.00
JPMORGAN CHASE BANK
HOME DEPOT -ROPE
$20.10
JPMORGAN CHASE BANK
HOME DEPOT- SUPPLIES
$534.11
JPMORGAN CHASE BANK
IAAI -CLASS FEE
$285.00
JPMORGAN CHASE BANK
LIBERTY -FLAGS
$2,106.00
JPMORGAN CHASE BANK
LOWES- FAUCET
$121.14
JPMORGAN CHASE BANK
LOWES - SUPPLIES
$64.96
JPMORGAN CHASE BANK
MEETING EXPENSE 2/25
$92.29
JPMORGAN CHASE BANK
MILBAR PLASTIC - UNIFOR
$130.51
JPMORGAN CHASE BANK
NAFECO -BOOTS
$395.40
JPMORGAN CHASE BANK
NAFECO -PPE
$113.50
JPMORGAN CHASE BANK
NAIL EMER -FEE
$637.12
JPMORGAN CHASE BANK
NAIL HONOR GRD -ACADE
$1,650.00
JPMORGAN CHASE BANK
NFPA - ANNUAL FEE
$854.99
JPMORGAN CHASE BANK
NSC- TESTING
$2,089.25
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$53.27
JPMORGAN CHASE BANK
OKIE EXTRIC -TOOLS
$108.49
JPMORGAN CHASE BANK
OREILLY -TOOLS
$21.99
JPMORGAN CHASE BANK
OVERHEAD -DOOR OPENER
$212.00
JPMORGAN CHASE BANK
OVERHEAD- SUPPLIES
$479.50
JPMORGAN CHASE BANK
PET SPLY - SUPPLIES
$39.98
JPMORGAN CHASE BANK
PIKEPASS -FEES
$64.40
JPMORGAN CHASE BANK
QUIZS SVCS -WEED CONTR
$660.00
JPMORGAN CHASE BANK
SAFE KIDS -FEE
$110.00
JPMORGAN CHASE BANK
SAMS -FLOOR MATS
$39.96
JPMORGAN CHASE BANK
SAMS - SUPPLIES
$661.06
JPMORGAN CHASE BANK
TARGET - SUPPLIES
$188.98
JPMORGAN CHASE BANK
TTC- TRAINING
$545.00
JPMORGAN CHASE BANK
UPS - SHIPPING
$527.94
JPMORGAN CHASE BANK
WALMART- SUPPLIES
$171.62
JPMORGAN CHASE BANK
WASH CO RW -WATER
$98.19
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$2,021.27
VERIZON WIRELESS
WIRELESS CONNECTION
$1,049.95
SALES TAX FUND -FIRE -Total
$34,419.87
SALES TAX FIRE - Total
$34,419.87
38 SALES TAX POLICE JPMORGAN CHASE BANK
AMAZON -PC EQUIP
$293.12
JPMORGAN CHASE BANK
BEST BUY -COMP EQUIP
$3,061.92
INTERNET CRIMES GRANT -Total
$3,355.04
Fund
38 SALES TAX POLICE
Claims List - 3/15/2022
Vendor Name
Payable Description Payment
Amount
AT &T
CONSOLIDATED PHONE
$20.35
CITY GARAGE
CITY GARAGE OH FEB22
$10,065.75
CITY GARAGE
CITY GARAGE PARTS FES22
$9,499.71
CITY OF OWASSO
WATER
$35.00
CONNECTIONS IT INC
ID CARD READER
$583.00
COX COMMUNICATIONS
PHONE
$200.71
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$11,659.73
JOHNSON EQUIPMENT COMPANY
SALLY PORT DOOR REPAIRS
$2,238.86
JPMORGAN CHASE BANK
AMAZON - FILTER
$61.33
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$180.67
JPMORGAN CHASE BANK
AMAZON- UNIFORM
$31.61
JPMORGAN CHASE BANK
AT YR SVC- RENTAL
$115.00
JPMORGAN CHASE BANK
BLAISING- UNIFORM
$342.00
JPMORGAN CHASE BANK
CORNERSTONE- SUPPLIES
$196.02
JPMORGAN CHASE BANK
CRISIS NEGOT - TRAINING
$50.00
JPMORGAN CHASE BANK
FAM ANIMAL MED -K9 MED
$660.64
JPMORGAN CHASE BANK
HARBOR FREIGHT- SUPPLI
$164.99
JPMORGAN CHASE BANK
LOCK PEOPLE - UNIFORM
$82.64
JPMORGAN CHASE BANK
LODGING EXP 2/21
$432.00
JPMORGAN CHASE BANK
NEXTCARE- VACCINATIONS
$100.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$60.56
JPMORGAN CHASE BANK
OREILLY -PARTS
$25.64
JPMORGAN CHASE BANK
PEPPERBALL- MUNITIONS
$1,576.81
JPMORGAN CHASE BANK
RANCHERS- REPAIRS
$175.00
JPMORGAN CHASE BANK
RMA TOLL -FEE
$5.74
JPMORGAN CHASE BANK
SAFARILAND - MUNITIONS
$2,638.35
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$64.20
JPMORGAN CHASE BANK
STALKER RADAR- RADARS
$5,048.00
JPMORGAN CHASE BANK
SUMNERONE -LEASE
$106.43
JPMORGAN CHASE BANK
TACFLOW - TRAINING
$750.00
JPMORGAN CHASE BANK
THOMSON WEST -CLEAR AC
$424.55
JPMORGAN CHASE BANK
TRACTOR SPLY- SUPPLIES
$49.99
JPMORGAN CHASE BANK
TRAVEL EXPENSE 2/17
$28.98
LAURA LEHNER
TUITION REIMBURSEMENT
$642.00
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$1,480.59
OWASSO FOP LODGE #149 POLICE DEPT
LEGAL DEFENSE
$206.50
SPECIAL OPS UNIFORMS, INC
LEHNER BULLETPROOF VEST
$778.00
SPECIAL OPS UNIFORMS, INC
MACE
$675.00
SPECIAL OPS UNIFORMS, INC
MALONE BULLETPROOF VEST
$804.00
TREASURER PETTY CASH
[At RENEWAL - WORLEY
$30.00
TREASURER PETTY CASH
VEHICLE TAG
$276.00
E
Claims List - 311512022
Fund
Vendor Name
Payable Description
Payment
Amount
38 SALES TAX POLICE
TREASURER PETTY CASH
VOICE RECORDER
$43.75
VERIZON WIRELESS
WIRELESS CONNECTION
$1,267.65
SALES TAX FUND - POLICE -Total
$53,877.75
SALES TAX POLICE
-Total
$57,232.79
39 SALES TAX STREETS
AEP /PSO
STREET LIGHTS
$7,853.58
BLUE ENERGY FUELS LLC
CNG FUEL PURCH FEB22
$195.19
CITY GARAGE
CITY GARAGE OH FEB22
$3,490.00
CITY GARAGE
CITY GARAGE PARTS FEB22
$590.64
COX COMMUNICATIONS
PHONE
$7.04
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$2,721.69
JPMORGAN CHASE BANK
ALL WHEEL- REPAIRS
$2,974.49
JPMORGAN CHASE BANK
ANCHOR STONE -ROCK
$373.44
JPMORGAN CHASE BANK
ATWOODS -HOSE
$54.99
JPMORGAN CHASE BANK
ATWOODS- MATERIALS
$33.98
JPMORGAN CHASE BANK
ATWOODS-ZIPTIES
$41.97
JPMORGAN CHASE BANK
BROWN CO -TOOLS
$133.29
JPMORGAN CHASE BANK
BROWN FARMS -SOD
$70.00
JPMORGAN CHASE BANK
DOLESE- CONCRETE
$1,837.50
JPMORGAN CHASE BANK
DUNHAMS- ASPHALT
$746.12
JPMORGAN CHASE BANK
HOME DEPOT -PIPE
$15.94
JPMORGAN CHASE BANK
LOWES- BOARDS
$62.48
JPMORGAN CHASE BANK
LOWES -CLAMP
$12.24
JPMORGAN CHASE BANK
LOWES -HOSE
$8.88
JPMORGAN CHASE BANK
LOWES- LIGHTS
$248.90
JPMORGAN CHASE BANK
LOWES -PARTS
$38.52
JPMORGAN CHASE BANK
LOWES- REFUND
($10.98)
JPMORGAN CHASE BANK
MAXWELL- MATERIALS
$441.60
JPMORGAN CHASE BANK
NEXTCARE- VACCINATIONS
$300.00
JPMORGAN CHASE BANK
REDWING -BOOTS
$157.49
JPMORGAN CHASE BANK
WELSCO- RENTALS
$45.32
SPOK INC.
PAGER USE
$160.45
TREASURER PETTY CASH
LODGING EXPENSE
$156.61
TREASURER PETTY CASH
VEHICLE TAG
$10.50
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$285.17
VERDIGRIS VALLEY ELECTRIC COOP
116/129 TRAFFIC SIGNA
$72.68
VERDIGRIS VALLEY ELECTRIC COOP
CHAMPION STREET LIGHT
$73.41
VERDIGRIS VALLEY ELECTRIC COOP
SECURITY LIGHT
$5.89
VERIZON WIRELESS
WIRELESS CONNECTION
$80.02
SALES TAX FUND-STREETS -Total
$23,289.04
SALES TAX STREETS
- Total
$23,289.04
40 CAPITAL IMPROVEMENTS
GORDON COMPANIES
COMMISSIONER FEES
$1,000.00
Claims List - 3/1512022
Fund Vendor Name
Payable Description
Payment
$6,234.17
76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS
Amount
40 CAPITAL IMPROVEMENTS HOWARD L KELSEY
COMMISSIONER FEES
$1,000.00
RJP INC
SERVICES COMMISSI
$1,000.00
CIP GARN RD WIDE 106 -116 • Total
$331.37
$3,000.00
CEI INCORPORATED
CENTRAL PARK DRAINAGE IMP
$66,124.16
CIP LAKERIDGE /CNTL PARK • Total
$66,124.16
CAPITAL IMPROVEMENTS -Total
$69,124.16
70 CITY GARAGE BLUE ENERGY FUELS LLC
CNG FUEL PURCH FEB22
$11.89
CITY GARAGE
CITY GARAGE PARTS FEB22
$156.52
COX COMMUNICATIONS
PHONE
$14.08
FLEETCOR TECHNOLOGIES
FUEL CHGS FEB 22
$53.80
JPMORGAN CHASE BANK
AMAZON -PARTS
$26.04
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$21.98
JPMORGAN CHASE BANK
AMERIFLEX -HYD HOSE
$122.85
JPMORGAN CHASE BANK
CHRISTIAN BROS - ALIGNM
$856.99
JPMORGAN CHASE BANK
DELL - MONITOR
$247.49
JPMORGAN CHASE BANK
GOODYEAR -PARTS
$1,320.92
JPMORGAN CHASE BANK
HOLT TRUCK -PARTS
$120.72
JPMORGAN CHASE BANK
HOOTEN -PARTS
$841.13
JPMORGAN CHASE BANK
JIM GLOVER -PARTS
$320.69
JPMORGAN CHASE BANK
JIM NORTON -PARTS
$144.23
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$21.74
JPMORGAN CHASE BANK
OFFICE DEPOT - BATTERIE
$41.95
JPMORGAN CHASE BANK
SAMS -PAPER
$33.87
JPMORGAN CHASE BANK
UNITED FORD -PARTS
$383.18
JPMORGAN CHASE BANK
YELLOWHOUSE -PARTS
$574.52
ONEOK INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$848.39
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
$71.19
CITY GARAGE -Total
$6,234.17
CITY GARAGE -Total
$6,234.17
76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS
$6,554.67
UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS
$1,658.33
WORKERS' COMP SELF -INS -Total
$8,213.00
WORKERS' COMP SELF -INS -Total
$8,213.00
77 GENERAL LIABILITY - PROPERT JPMORGAN CHASE BANK CHRISTIAN BROS- ALIGNM
$331.37
GEN LIAB -PROP SELF INS -Total
$331.37
GENERAL LIABILITY- PROPERT -Total
$331.37
78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK NEXTCARE -COVID TESTIN
$7,750.00
SELF -INS HEALTHCARE -Total
$7,750.00
JPMORGAN CHASE BANK PUSH PEDAL -MAINT
$110.00
11
Claims List - 3/1512022
Fund Vendor Name Payable Description Payment
Amount
78 HEALTHCARE SELF INS FUND WELLNESS -Total $110.00
HEALTHCARE SELF INS FUND -Total $7,860.00
City Grand Total $566,020.43
12
TO: The Honorable Mayor and City Council
FROM: Michele Dempster
Human Resources Director
SUBJECT: OkMRF Retirement Requests
DATE: March 11, 2022
BACKGROUND:
Oklahoma Municipal Retirement Fund (OkMRF), the retirement plan for employees who do not
participate in the State Police or State Fire pension plans, requires the City Council acting as the
OkMRF Retirement Committee to approve applications for retirement.
To be eligible for retirement benefits through OkMRF an employee must have a minimum of five
years of employment. Once an employee has five years of service the employee is considered
vested and upon leaving employment with the City has three options depending upon age.
1. Normal Retirement is available to a vested employee age 65 or older.
2. Early Retirement is available to a vested employee between ages 55 and 65.
3. Deferred Retirement is available to a vested employee under the age of 55. Deferred
Retirement allows an employee to "defer" retirement benefits until a future date, at
which time the employee would begin receiving monthly retirement benefits.
February 25, 2022, was the last day of employment for Michael Vincent, Recreation & Culture
Department. Mr. Vincent was a participant in the OkMRF retirement plan while employed with
the City since November 2016. Mr. Vincent is vested and has applied for, and meets the
prerequisites for Deferred Retirement.
February 25, 2022, was the last day of employment for Jennifer Newman, Finance Department.
Ms. Newman was a participant in the OkMRF retirement plan while employed with the City since
February 2014. Ms. Newman is vested and has applied for, and meets the prerequisites for
Deferred Retirement,
RECOMMENDATION:
Staff recommends approval of Deferred Retirement benefits for Michael Vincent and Jennifer
Newman.
TO: The Honorable Mayor and City Council
FROM: Earl Farris
Project Administrator
SUBJECT: Acceptance of Infrastructure Improvements at A New Leaf: The Village
DATE: March 11. 2022
The subject commercial development is located near the southeast corner of East 86th Street North
and North Memorial Drive. Public infrastructure improvements consist of two concrete approaches
with concrete drainage structures and sanitary sewer.
FINAL INSPECTIONS:
Final inspections for the infrastructure components were completed in March 2022, by the Public
Works Department. All standards for acceptance have been met. Additionally, the construction
contractor has supplied the necessary two -year maintenance bond.
RECOMMENDATION:
Staff recommends acceptance of the public infrastructure improvements located at A New Leaf:
The Village consisting of two concrete approaches including concrete drainage structures and
sanitary sewer.
ATTACHMENTS:
Location Map
Approved Bonds
New Leaf
I" = 636 ft
Location Map
03/02/2022
This map may represents a visual display of related geographic information. Data provided here cn is no: guarantee of acutual field conditions. To be sure of complete accuracy, please contact the
responsible staff, for most up-to -date information.
Farris, Earl
From:
Wingert Shellie
Sent:
Tuesday, February 1, 2022 1:18 PM
To:
Eaton, Steven; Lombardi, Julie
Cc:
Farris, Earl
Subject:
RE: New Leaf Owasso
Good afternoon Steven,
I have reviewed both maintenance bonds for New Leaf Owasso at your request. The attorney -in -fact
signatures are authorized, the surety is licensed to do business in Oklahoma, and the amount of the
bond is well within the surety's $157,552.00 underwriting limitation. Therefore, the two bonds are
approved.
Thank you,
Shellie
Shellie Wingert
Legal Assistant
City of Owasso
200 S. Main St., Owasso, OK 74055
swin¢ert cr,cityofowasso. corn
Wk: 918- 376 -1548
Cell: 918 -845 -0465
From: Eaton, Steven
Sent: Tuesday, February 1, 202211:34 AM
To: Lombardi, Julie <1Lombardi @CityOfOwasso.com>
Cc: Wingert Shellie <swingert@cityofowasso.com >; Farris, Earl <efarris @CityOfOwasso.com>
Subject: New Leaf Owasso
Ms. Lombardi,
am sending over a couple of maintenance bond for review. Would you please reply with your findings.
Thank you,
Steven Eaton
City of Owasso
Infrastructure Inspector
seaton Co)citvofowasso.com
Phone 918 -272 -4959
Cell 918-693-3979
I
Maintenance Bond
PRIVATELY FINANCED PUBLIC IMPROVEMENTS
Bond No. S018856
KNOW ALL MEN BY THESE PRESENTS, That we Timber Wolf Excavating, LLC
as Principal (Developer and Contractor), and Employers Mutual Casually Company as
Surety, are held and firmly bound unto the City of Owasso, as Obligee, in the penal sum of
One Hundred Twenty Thousand & 00 /100 1 ($ $120,000.00 )
which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors,
administrators, successors, and assigns jointly and severally, firmly by these presents.
WHEREAS, the Principal will furnish a bond conditioned to guarantee, forthe period of
Two (2) year(s) after final approval of the Sewer Main Lines to Serve A New Leaf Owasso
a privately financed public improvement, and acceptance of such by the City Council of the City
of Owasso, against all defects in workmanship and materials which may become apparent in
such privately financed public improvement during said period.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIONS IS SUCH that the Principal
and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of
any defective materials or workmanship in the privately financed public improvement which
may become apparent during the said period.
SIGNED, SEALED, AND DATED: January 28, 2022
Company Surety
BY: Attorney -in -Pact
ristln Lowla
1 . Attach Power of Attorney
P.O. Box 712 ^ Des Molnes, Iowa 60306.0712 INSURANCE
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers III Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
6. Dakota Fire Insurance Company, a North Dakota Corporation
0. EMC Property & Casually Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies ", each does, by these presents, make, constitute and appoint:
VAUGHN GRAHAM, JR. KYLE BRADFORD, MICHAEL E. CCLE, VAUGHN P. GRAHAM, STEPHEN M. POLEMAN, JAMES R. RICHARDSON. JAMIE M BURRIS, JOHN K. DEER, TRAVIS E. BROWN, MARK 0.
NOWELL. DEBORAH L. RAPER, CHRISTOPHER WEBB. KENT BRADFORD. SHELLI R. SAMSEL, DWIGHT PILGRIM. TAMARA OWEN. TERESA SMITH 1, cARRELA SANDERS, THOMAS C. PERRAULT.
DEREK FINE, AUSTIN K. GREENHAW, CLAYTON HOWELL, VICW WILSON, Only LIKS. Randy D. Webb, Bobby J. Yaung. D. Awn Woolsey, Corey Kennemer, KBB. Low6
Its true and lawful attorney- In -lacl, with full power and authority conferred to sign, seal, and execute the Surely Bond:
Any and All Bonds
and to bind each Company [hereby as fully and to the some extent as if such Instruments were signed by the duly authorized officers of each such Company, and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire Oc[obertoth, 2022 ,unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of- Attorney is made and executed pursuant to and by the aulhodly of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held In 1999:
RESOLVED: The President and Chief Execullve Officer, any Vice President, the Treasurer and Ilia Secretary of Employers Mutual Casually Company shall have
power and authority to (1) appoint allomeys -In -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indomnity and otherwrilings obligatory In the nature thereof; and (2) to remove any such allomey -In -fact at any time
and revoke Ills power and authority given to him or her. Attorneys -In -fact shall have power and authority, subject to Ilia terms and limitations of the power- of- ailarney
Issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bands and undertakings, recognizances, contracts of
Indemnity and other writings obligatory In the nature thereof, and any such Instrument executed by any such allorney -In -fact shall be fully and in all respects binding upon
the Company; Certification as to the validity of anyy power -of- attorney authorized herein made by air officer ol Employets Mutual Casualty Company shall be fully and in all
respects binding upon this Company. The facslmlla or machanieally9reproduced signature of such officer, Whether made heretofore or hereafter, wherever appearing upon
a cerlilled copy of any power -of- allomey of the Company, shall be valid and binding upon the Company with the same farce and effect as (hough manually affixed.
IN WITNESS THEREOF, the Companies have caused those presents to besI dfa reach by their officers asshown, and the Corporate seals tobe hereto affixed this
30th day of March 2020 .
all R. Jean, P e Idenl & CEO Todd Strolher,Execulive Vice President
October 10 2012 Notary PubII0 In and tar the Slate BY Iowa
CERTIFICATE
I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of.Direclors by each of the Companies, and
this Power of Attorney Issued pursuant thereto on 30th day of March , 2020 , are true and corm cc'�� /,,a(p.']d are still In 1 IL oma fnd 011891.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company I T& W
I Vice President
7838(3-20) 0000000 -NA L6153 000 AEC 000000 "FGrverifloallon of the authenticity of life PDyfsrol'RMT#tey you may Call (515) 395-2599,
Maintenance Bond
PRIVATELY FINANCED PUBLIC IMPROVEMENTS
Bond No: S028770
KNOW ALL MEN BY THESE PRESENTS, That we LDKC, Inc. Dba LD I {erns
Contractors. as Principal (Developer and Contractor), and Employers Mutual Casualty
Company as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as
Obligee, in the penal sum of Seventeen Thousand Five Hundred and 00/100 Dollars
($17,500.00) to which payment will and truly to be made, we do bind ourselves, and each
of our heirs, executors, administrators, successors, and assigns jointly and severally,
firmly by these presents.
WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of
TWO YEAR after final approval of the Concrete ($12,000) and Storm Drain ($5,500) to
serve A New Leaf "The Villages ", a privately financed public improvement, and
acceptance of such by the City Council of the City of Owasso, Oklahoma, against all
defects in workmanship and materials which may become apparent in such privately
financed public improvement during said period,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the
Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may
sustain by reason of any defective materials or workmanship in the privately financed
public improvement which may become apparent during the said period.
SIGNED, SEALED, AND DATED: January 31, 2022
LDICC, Inc. DbaLD Kerns Contractors, Principal
BY:
Employe Mutual Casualty C ny Surety
BY: Attorney -in -Fact Ciodi L. Smith
Attach Power of Attorney
Adak
AFEMC
P,O. Box 712 • Dan Moines., Iowa 60306 -0712 INSURANCE
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2, EMCASCO Insurance Company, on Iowa Corporation
3, Union Insurance company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
S. Dakota Fire Insurance Company, a North Dakota Corporation
e. EMC Property & Caauaity Conpnny, on Iowa Corporation
horefnallar rofoned to sovarally as "Companyr and collectively as 'Companies', each does, by those presents, make, constitute cold appolm:
CINDI L SMITH
Its true and lawful allomay -In -fact, with bill power and authority conferred to sign, seal, and execute One following Surety Bond(s):
Surety Bond Principal: Obligee:
Number LDKC, Inc. dba LD Kerns The City of Owasso
Contractors
5028770
and to bind each Company hereby as fully and to the same extent as if ouch instruments were signed by Ilia duty authorized officers of each such Company, and all
of the acts of said attorney pursuant to Ilia aulhodty hereby given are hereby ratified and continued.
AUTHORITY FOR POWER OF ATTORNEY
This Power- of- Atlomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of Ilse Companies at Ina
first regularly scheduled meeting of each company duty called and held In 1999:
the
Executive Officer, any Vice President, the Treasurer and the Secretary of Employers
noys -In -fact and authorize them to execute on behalf of each Company and attach Ih
-acts of indemnity and other writines oblloatory N the nature thereof; and (2) to remove
and to attach the
copy of any power- 61- allomey of Ilia Company, shalt he valid and binding upon One
bonds and
IN WITNESS THEREOF, OheCompenleshavecaused those presents lobesipn dfor each by their offices ae shown, and the Czalsto homtoaflixedOds
30th dayof March 2020 .
SEAL
of Iowa,personaily appeared Scott R. JeanandToddShothor, who, boingby me duly swom,
dideriy that they are, and are known to me to be the CEO, Chairman, President, Executive
Vice Prasidem. Chief Least Officer and/or 89creterv, re soeollveiv, of each ollhe Companies
insimmenl woe signed and sealed on behalf of each of the Companies by authority of their
respective Boards of Directors; and that the sold Scott R. Jean end Todd Slroger, as such
ollicers, acknowledged the execution of said instrument to be their voluntary act and deed,
and [he voluntary act and deed of each of the Companies,
My Commission Expires October 10, 20222.
and for
CERTIFICATE
I, James D. Clough, Vice President of the Companies, do hereby cerlify Ihal the foregoing resolution of the Boards of Directors by each [d Ilia Componles, and
this power of Attorney Issued pursuent thereto on 30th day of March , 2020 , amhue and correct and are still In full force and affect. _
InToBlImonyWhoricif I have subscribed my name and offixod the hicalralls seal of each Company this 31st dayot Janus
VlcaProoldbnl'
76611 (3 -20) 8028770 -NA L0092 933 AC 003786 "For verification of (he authenticity of the Poway of Attorney you may sell (616) 946.2680."
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND:
The Honorable Mayor and City Council
Alexa Beemer
City Planner
Specific Use Permit (SUP 22 -01) - QuikTrip Carwash Addition
March 11, 2022
The Community Development Department received an application for review and approval of a
Specific Use Permit for a carwash addition to the existing QuikTrip location at 9600 North Garnett
Road. The property is approximately 2.09 acres in size and zoned Commercial Shopping (CS). The
property is platted as Lot 2, Block 5, El Rio Vista Amended.
SUBJECT PROPERTY /PROJECT DATA:
Property Size
2.09 acres +/-
Current Zoning
Commercial Shopping CS
Proposed Use
Carwash addition to existing as station /convenience store
Land Use Master Plan
Commercial
Within PUD?
No
Within Overlay District?
No
Water Provider
City of Owasso
Sanitary Sewer Provider
City of Owasso
Applicable Paybacks
assessed at Plattin
n/a
ANALYSIS:
• An SUP is required in certain zoning districts for uses or structures that may be considered more
intense than what is allowed by right, through the City of Owasso's Zoning Code.
• A carwash facility falls under the "automotive repair and maintenance" use outlined in Table
6.1 of the Owasso Zoning Code. In the CS zoning district, any "automotive repair and
maintenance" facility is allowed with an SUP.
o Thus, an SUP is needed for a carwash on this property, as it is zoned CS.
• The subject property is identified for future commercial land uses on the GrOwasso 2030 Land
Use Master Plan.
The subject property is bordered by an existing single- family residential neighborhood to
the west, and commercially- developed property to the north, south, and east.
• The applicant has worked with staff to design the site and new structure in an appropriate
manner that conforms to the design requirements of the Zoning Code and minimizes the
impacts to the neighborhood to the west.
The proposed car wash will be a 2 -bay, 870 square foot structure composed of brick
veneer and glass. Its operational hours will be limited to between 7:00 am and 9:00 pm, in
order to prevent acoustic impacts to the neighborhood to the west.
SUP 22 -01
Page 2
o According to the conceptual site plan, there is an eight- foot -tall wooden privacy fence
along the subject property's western property line. This will help buffer the proposed
carwash from the existing homes to the west.
o The proposed structure is proposed to be set back over thirty -six feet (36') from the
western property line. This separation offers a generous boundary between the proposed
carwash and existing homes. As such, the single - family homes are further buffered from
the more - intense use.
o The applicant proposes a dense landscape edge, which includes many evergreen shrubs,
along the driveway leading to the proposed structure. This landscaping will further buffer
the residential neighborhood to the west.
o The entry driveway off of East 96th Street North will be moved west by approximately
seventy -seven feet (77'). This proposed point of access still falls within the Limits of Access
depicted on the recorded property plat. By moving the access point further west from the
intersection of East 961h Street North and Garnett Road, fewer traffic conflicts should occur
from vehicles entering or exiting the site.
o The applicant has indicated that the noise levels put out by the carwash will not exceed
eighty (80) decibels. Further, the applicant has indicated that the doors of the carwash
will remain closed from 9:00 pm to 7:00 am, to further dampen any noise from the blowers.
As such, the proposed carwash will meet the regulations outlined in the Owasso Noise
Ordinance.
The main purpose of the SUP requirement is to ensure the development does 'not impose any
negative direct impacts to adjoining residential areas and work in harmony within the context
of the area.
Considering this, the applicant has indicated via their conceptual site plan that they
intend to install adequate buffering between their site and the neighboring single - family
homes.
o The design of the site and proposed structure will serve to reduce and minimize any
negative impacts on the single- family neighborhood to the west.
• Any future development that occurs on the subject property must adhere to all Owasso
subdivision, zoning, and engineering requirements.
SURROUNDING ZONING AND LAND USE:
Direction
Zoning
Use
Land Use Master Plan
Jurisdiction
North
Commercial Shopping
Commercial
Commercial
City of Owasso
South
Commercial Shopping
Commercial
Commercial
City of Owasso
East
Commercial General
Vacant
Commercial
City of Owasso
West
Residential Single - Family
Residential
Residential
City of Owasso
High Density (RS -3)
PLANNING COMMISSION:
The Owasso Planning Commission voted 5 -0 to recommend approval of the Specific Use Permit
(SUP 22 -01) at their regular meeting on March 7, 2022.
SUP 22 -01
Page 3
RECOMMENDATION:
Staff recommends approval of the Specific Use Permit (SUP 22-01) for the QuikTrip carwash addition.
ATTACHMENTS:
Aerial Map
Zoning Map
Land Use Master Plan Map
SUP Site Plan Package
SUBJECT TRACT
Note: Graphic overlays may 0 100 200 400
not precisely align with physical
features on the ground. T12Cf SUP 22 -01 I 4 I I I 1821-14
Aerial Photo Date: 20201201 2 Feet
Zoning Map
SUP 22 -01
RS -3
Subject
Property
GrOwasso 2030 Land Use Map
SUP 22 -01
Commercial
Industrial
Lake
Neighborhood I
Parks / Recreai
Public / Institut
Residential
Transitional
GrOwasso 2030 Land Use Map
SUP 22 -01
TO: The Honorable Mayor and City Council
FROM: Karl Fritschen, MRCP, AICP, RLA
Planning Manager
SUBJECT: Resolution 2022 -02, Project Application Community Development Block Grant
(CDBG FY 2022)
DATE: March 11, 2022
BACKGROUND:
The primary objective of the national Community Development Block Grant (CDBG) Program is the
"development of viable urban communities by providing decent housing and a suitable living
environment, particularly for persons of low and moderate incomes." All project proposals
submitted for funding through the CDBG Program must document the achievement of at least one
(1) of the following national objectives:
➢ Provide benefit to low and moderate income persons;
Aid in the prevention or elimination of slums or blight; and
➢ Meet other community development needs having particular urgency or posing a serious or
immediate threat to the health or welfare of a community.
ANTICIPATED FUNDING:
One February 8, 2022, the Indian Nation Council of Governments (INCOG), provided information
regarding the FY 2022 CDBG application. The completed application is due no later than April 8,
2022. According to INCOG, Owasso will receive an estimated allocation of $148,601.11 for the FY
2022 CDBG funding cycle. The grant does not,require a local match.
HISTORY:
In the past, Owasso has utilized CDBG monies for sidewalk, sanitary sewer, street, and park
improvements. In 2014, Housing of Urban Development (HUD) changed the income limits that
determined if individuals and families qualified as a low to moderate income household. HUD's
formula used Census Tracts as the geography to determine if an area qualifies or does not. As a
result, Owasso lost most of its qualifying census tracts, with the exception of the Baptist Village area.
Due to the income limit change, communities were left to conduct door to door surveys to qualify
smaller geographic areas within the larger census tracts.
In 2016, staff conducted a door to door survey in the Hale Acres neighborhood near North Garnett
Road and East l 16th Street North. The data collected from this survey met the income requirement
thresholds and allowed the neighborhood to qualify for CDBG funds. The surveys are only good for
5 -year periods, therefore in the late winter of 2021, staff performed a second door to door survey in
the Hale Acres neighborhood. The survey results again met the income limit thresholds allowing the
area to be re- qualified for another 5 -year period.
CDBG Resolution 2022 -02
Page 2
PUBLIC HEARING:
Staff consulted with INCOG regarding the requirement of holding a separate Public Hearing.
INCOG staff advised that "since the project is a continuation of the same activity that the City has
been doing for several years in the same location, then no separate Public Hearing is required."
PROPOSED FY2022 PROJECT:
Since 2017, the City has used its CDBG allocation to replace most of the sanitary sewer lines in this
neighborhood. With this allocation of funds, Staff proposes to install a new 6" PVC water line along
East 1 12th Street North. The project begins at the western boundary of the subdivision and ends at
Garnett Road to the east and will improve water pressure and fire flow in this area.
RECOMMENDATION:
Staff recommends approval of Resolution 2022 -02, requesting assistance from the Tulsa County
CDBG Urban County Program, approving an application identifying the installation of a water line
in the Hale Acres subdivision as the preferred project for the FY 2022 funding cycle, and
authorization to execute all related documents.
ATTACHMENTS:
Resolution 2022 -02
CDBG Application
ATTACHMENT E
CITY OF OWASSO
RESOLUTION 2022 -02
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2022 TULSA COUNTY URBAN COUNTY
WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93 -383
et seq.), (the "Act "), provides that Community Development Block Grant, ( "CDBG'), funds may be
used for the support of activities that provide decent housing and suitable living environments and
expanded economic opportunities principally for persons of low- and moderate - income; and,
WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined
population of 200,000 or more from the unincorporated areas and participating incorporated areas
to qualify as an urban county; and,
WHEREAS, Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as
amended, authorized the Secretary of Housing and Urban Development, as a representative of the
United States of America, to grant to Tulsa County funds and administrative responsibility for the Tulsa
County CDBG Urban County program; and
WHEREAS, a Cooperation Agreement between Tulsa County and the City of Owasso has
been executed for the purpose of participation in the Tulsa County Urban County Community
Development Block Grant Program for Federal Fiscal Years 2020 -2022; and,
NOW THEREFORE, BE IT RESOLVED by the Owasso City Council that the City of Owasso desires to
obtain assistance in addressing community development needs and hereby requests the Tulsa County
CDBG Urban County program to provide assistance.
NOW THEREFORE, BE IT FURTHER RESOLVED by the Owasso City Council that the City of
Owasso affirms its commitment to take all action within its power to facilitate the receipt of the
assistance of community development funds, and upon receipt to administer said grant by the rules
and regulations established by the United States of America, the State of Oklahoma, Tulsa County and
all empowered agencies thereof.
ADOPTED this 15th day of March, 2022, at a (regularly or specially) scheduled meeting of the
governing body, in compliance with the Open Meeting Act, 25 O.S. §§ 301 -314 (2001).
Signature of Chief Elected Official
Bill Bush, Mayor
Attest: (S E A L)
Subscribed and sworn to before me March 15, 2022
Juliann M. Stevens, City Clerk
FY2022 APPLICATION GUIDANCE
Due date for this Application is April 8, 2022
The CDBG program is authorized under Title I of the Housing and Community
Development Act of 1974, as amended.
The purpose of this Application Guidance is to provide assistance in preparing a
Community Development Block Grant application for the FY2022 Tulsa County
CDBG Urban County Program.
Eligible Entities
Entities included for FY2022 funding, the funding allocation to the entity, and the
percentage of low and moderate income population for each is listed below:
Proposed Percentage
Threshold Requirements for FY2022 Metro City Applications
Due to HUD'S desire for all Entitlements to dramatically increase their
expenditure rates and failure of select Entities to expend funds in a timely
manner, the following expenditure criteria have been established and will be
implemented for the FY2022 Application cycle. To submit an application for
FY2022, communities with open Metro Entities contracts must comply with the
following Threshold Requirements:
100% of 2019 grant expended;
50% of 2020 grant expended and reimbursement request submitted;
2021 obligated through bid award or design process underway (documentation
required).
If the above expenditure requirements have not been met by April 1, 2022, the
community will not be eligible to submit an application. Staff will determine re-
allocation of funds.
Guidance
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 1 of 6
Allocation
Low /Mod
Metro Entities
Amount
Population
Broken Arrow Infrast.
$420,583.00
28.43
Bixby
$ 98,160.13
23.03
Owasso
$148,601.11
26.66
Sand Springs
$ 96,718.10
38.12
Sapulpa
$151,324.68
49.54
Revolving Entities
Collinsville
$123,701.00
38.36
Jenks
$123,701.00
16.70
Threshold Requirements for FY2022 Metro City Applications
Due to HUD'S desire for all Entitlements to dramatically increase their
expenditure rates and failure of select Entities to expend funds in a timely
manner, the following expenditure criteria have been established and will be
implemented for the FY2022 Application cycle. To submit an application for
FY2022, communities with open Metro Entities contracts must comply with the
following Threshold Requirements:
100% of 2019 grant expended;
50% of 2020 grant expended and reimbursement request submitted;
2021 obligated through bid award or design process underway (documentation
required).
If the above expenditure requirements have not been met by April 1, 2022, the
community will not be eligible to submit an application. Staff will determine re-
allocation of funds.
Guidance
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 1 of 6
Applications should be submitted to:
INCOG
Claudia Brierre
2 West 2nd Street, Suite 800
Tulsa. OK 74103
cbrierreCa.in cog. org
National Objective
The primary National Objective of the Community Development Block Grant
(CDBG) Program is the "development of viable urban communities by providing
decent housing and a suitable living environment, particularly for persons of low
and moderate incomes." All project proposals submitted for funding through the
CDBG Program must document the achievement of at least one of the following
National objectives:
• Provide benefit to low and moderate income persons.
• Aid in the prevention or elimination of slums or blight.
• Meet other community development needs having particular urgency,
posing a serious or immediate threat to the health or welfare of a
community.
Most CDBG applicants qualify their project activities under the National Objective
of benefit to low and moderate income persons. Applicants are cautioned that
qualifying a project under slum or blight or urgent need is a difficult process that
has very limited application and can only be used under special conditions and
circumstances. Therefore, you are urged to qualify your proposal under benefit to
low and moderate income persons. Applicants who qualify a proposal using slum
and blight or urgent need must receive guidance and approval from INCOG.
To qualify for CDBG funding under the National Objective of benefit to low and
moderate income persons, the proposed project activities must show a positive
or general improvement of living condition in a definable geographic target area
where at least 51 % of the occupied households /homes are of low and moderate
income families. Low and moderate income families have an income equal to or
less than the current Section 8 low income limits established by the United States
Department of Housing and Urban Development (HUD). Each activity proposed
for funding with Community Development Block Grant(CDBG) dollars claiming
the National Objective of benefit to low and moderate income persons, must
provide data indicating the percentage of low and moderate income beneficiaries.
Application Criteria
1. No matching funds are required.
2. No administration expenses will be funded with CDBG funds.
Guidance
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 2 of 6
3. When planning projects for FY2022, be aware that accumulating more than 2
years of grant funding is not permitted.
4. Engineering is a permissible use of CDBG funds but competitive procurement
requirements must be followed
5. Income surveys of the project target area must be conducted. The use of
Census Tract or Block Group data to document the percentage of low and
moderate income beneficiaries for any CDBG funded activity should receive prior
INCOG review and approval.
6. Applicants must hold an application phase Public Hearing informing citizens of
the proposed project and submit documentation of the Public Hearing with this
application. Notice must be given at least 15 days prior to the public hearing by
publication in jurisdiction newspapers; or by posting at city halls. Acceptable
documentation consists of the affidavit of publication or a copy of the newspaper
article announcing the public hearing, or copy of certified posted notice. Tulsa
County has prepared a Citizen Participation Plan on behalf of the Urban County
communities; therefore, the individual community does not need to prepare a full
Citizen Participation plan.
7. Specific projects identified in the application must have cost estimates derived
from professional sources. Water and wastewater projects that require Oklahoma
Department of Environmental Quality construction permitting must have certified
cost estimates from a professional engineer licensed to work in Oklahoma. For
other types of projects, professional cost estimates may be derived from
architects, engineers, vendors, construction companies, or appropriate personnel
qualified to make such estimates.
Use of Funds
The CDBG Program funds a broad array of projects and activities including but
not limited to the following:
• Water and wastewater system improvements
• Solid waste
• Fire protection
• Streets
• Neighborhood Parks
• Housing activities including construction, emergency repair, rehabilitation
• Acquisition of real property for eligible public purposes
• Clearance, demolition and removal of buildings and improvements
• Senior citizen centers
• Gas and electrical system improvements
• Removal of architectural barriers associated with handicapped areas
• Storm water drainage improvements
• Economic Development
• Social services- (City of Broken Arrow only)
Guidance
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 3 of 6
Construction of ADA Sidewalks in non -low /mod census tracts is not an
eligible project.
Guidance regarding eligibility requirements can be found in 24CFR 570.201 of
the Federal Housing and Community Development Act of 1974, as amended.
Proposal Guidance
Applicants are encouraged to contact the staff persons listed below with
questions regarding program requirements, project conceptualization, or any
portion of the Application Packet and /or Guidelines.
Claudia Brierre
579 -9431
Barbara Albritton
579 -9420
Megan Douglas
579 -9483
Guidance
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 4 of 6
Required Application Documents
1. Application Summary
This form contains information about the specific project and includes a
certification from the local government attesting to the accuracy and
completeness of the application. The certification form must be completed and
signed by the chief elected official of the local government.
2. Line Item Budget (Application Form Attachment A)
The description of project activities along with a budget (form provided as
Attachment A) should be as specific as possible as they will form the basis of
your contract. This Budget should match Professional Cost Estimates submitted
with the application.
3. Direct Project Beneficiary Income Survey (Survey Summary
Form Attachment B)
Income surveys for each proposed CDBG funded activity are a requirement
unless using census tract or block group data.
Determination of project beneficiaries:
City -wide- An activity which will serve the entire city (such as wastewater
treatment), provided that the city has a low and moderate income percentage at
or above 51 %. If the LMI percentage is below 51 %, an income survey with a
75% response rate must be provided.
Area benefit- An activity which benefits all the residents in a particular area
where at least 51 percent of the residents are low and moderate income persons.
Examples would include resurfacing of a collector street or construction of a fire
department substation.
Direct benefit- An activity which requires information on household size and
income so that it is evident that at least 51 percent of the clientele are persons
whose household income does not exceed the low and moderate income limit; or
an activity which has income eligibility requirements which limit the activity
exclusively to low and moderate income persons.
Presumed benefit- Benefit a clientele that is generally presumed to be
principally low and moderate income persons. Activities that exclusively serve a
group of persons in any one or a combination of the following categories may be
presumed to benefit 51 percent low- and moderate - income persons: abused
children, battered spouses, elderly persons, adults meeting the Bureau of the
Census' Current Population Reports definition of "severely disabled," homeless
persons, illiterate adults, persons living with AIDS, and migrant farm workers.
Guidance
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 5 of 6
Guidelines to identify specific beneficiaries for various activities:
• Water or Wastewater Line Replacement or Rehabilitation. Those
households directly tapped to or receiving improved service from the lines.
Generally, beneficiaries are considered those persons residing in houses who
receive their water through new, replaced or upgraded lines, or houses that
discharge sewage into or through an improved collection line or main en route to
the treatment plant.
• New Wastewater or Water Extensions to Previously Un -served Areas. The
households /homes that will actually be connected to the wastewater or water line
extensions. Service to newly- constructed subdivisions will not be funded due to
environmental review requirements.
• Flood and Drainage Improvements. Households /homes within the recognized
drainage basin.
• Fire Protection. Households /homes (buildings, vehicles and equipment)
residing within the response area of the fire station; or using actual residential
calls made by a fire station over the prior 12 month period, conduct a survey of
those residences obtaining no less than 75% response rate.
• Senior Citizen Centers and Community Centers. Households /homes within
the designated service area of the proposed center. If there is only one center in
the community, the service area can be considered to be the entire community. If
there is more than one center, then the Applicant must delineate the service area
of each center. Senior Citizen Centers are presumed to benefit low and
moderate income persons.
• Demolition /Clearance /Removal of Junk and Debris and /or Abandoned
Inoperative Vehicles. Households /homes within the geographic area designated
to receive the focus of the demolition, clearance and /or removal activities.
Typically, the properties located within the geographic area designated to receive
the demolition /removal activities are considered to be beneficiaries.
• Provision of Accessibility for the Handicapped to Public Buildings.
The households /homes within the geographic area that receive services from the
assisted public building(s). Providing handicapped access to a city hall would
provide benefit to the households /homes in the entire city. Proposed
handicapped access activities in connection with limited clientele facilities are
presumed to benefit low and moderate income persons.
• Street Improvements /Sidewalk Improvements. The households /homes that
have at least one property line abutting the improvement.
Guidance
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 6 of 6
4. Identification of Other Project Funding Sources (Application
Form Attachment C)
Match and leverage are not required for the grant, but should be identified if
applicable to the project.
5. Certified Engineering Reports and Professional Cost
Estimates (Application Form Attachment D)
Water and wastewater projects that require Oklahoma Department of
Environmental Quality construction permitting must have certified cost estimates
from a professional engineer licensed to work in Oklahoma. For projects not
requiring DEQ permits, professional cost estimates must be derived from
architects, engineers, vendors, construction companies, or appropriate personnel
to make such estimates, and submitted with the application.
6. Applicant Resolution (Application Form Attachment E)
Applications must include a Resolution passed by the governing body requesting
CDBG assistance from the Tulsa County Urban County program. A sample
Resolution is provided as Attachment E of the application.
7. Readiness To Proceed (Attachment F- Applicant Provides own
Form)
Applications must include an anticipated start date and projected timeline for
completion. Documentation of the level of readiness to proceed must be
submitted.
Guidance
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 7 of 6
TULSA COUNTY URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Required Documents to be submitted with Applications
✓ W -9 Form
✓ Documentation of Current Registration in SAM
✓ Public Hearing Documentation: Affidavit of publication or certified posted
notice.
✓ Application Summary Page which includes
• Project Title
• Detailed Project Description
• Map with target area and Census Tract/BG clearly marked
• Number of population served
• Census Tract(s) and Block Groups(s) identified
✓ Application Certification
✓ Attachment A: Line Item Budget
✓ Attachment B: Income Survey Summary Form
• Completed form if Income Survey
• LM Percentage ( %) if using CT /BG data
✓ Attachment C: Other Project Funding Sources
✓ Attachment D: Certified Professional Cost Estimates /Engineering
Report
✓ Attachment E: Resolution
✓ Attachment F: Project Timeline
Application
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 1 of 2
TULSA COUNTY URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Name of Unit of Local Government City of Owasso, Oklahoma
Mailing Address PO Box 180
Physical Address 200 South Main
Owasso, OK
Phone Number 919.376.1515
FEW 73- 6069613
DUNS 013786215
Chief Elected Official Mayor Bill Bush
Clerk Ms. Julie Stevens
Zio Code 74055 -0180
Fax # 918.376.1597
2. Name of Staff Contact Karl A. Fritschen
Phone Number 918.376.1545
E -mail kfritschen @cityofowasso.com
3. Project Title, Detailed Description of Project
(Attach additional detail as needed. Provide Map)
The FY 2022 CDBG project for Owasso will include the installation of a six (6) inch PVC
waterline along East 112th Street North in the Hale Acres subdivision. The project
begins at the western boundary of the subdivision and ends at Garnett Road to the
east. The project will improve water pressure and fire flow in this area. The specific
location of the project is indicated with the bright blue line on the map shown on
the following page.
Application
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 2 of 2
2022 -2023 CDBG Water Line Replacement
Hale Acres - Phase I
02115/2022
To
Tms map may r. resentse�sual Elsplay offelated geographic lnfmmanon. Data lnovlded mm on is net pua:antee of ninual field edMrtlons.ToM sure of ccr ..plUe am:acy, plers Ne
responsible s.. for most up- to -tlate infe[rtta;ipR
Application
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 3 of 2
4. Number of population served: 613
• Census Tract/Block Group #
• Household Income Survey
5 Project Budget Summary:
CDBG Funds
Other Sources
Total
Application
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 4 of 2
Hale Acres Subdivision
"City(OPWA)
$ 148,601.11
$ 150,000
TULSA COUNTY URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
APPLICATION CERTIFICATION
The Applicant hereby certifies that all of the information contained in this application for
community development assistance through the Tulsa County CDBG Urban County
Program is true and accurate to the best of my knowledge and that all documentation
supporting the information in this application is on file in the official offices of this unit of
local government, available for review by Tulsa County /HUD during normal business
hours. The Applicant also affirms that none of the activities set forth in this application
have been initiated, nor shall they be initiated unless a grant has been awarded, a
contract fully executed, and notice has been issued by Tulsa County that release of
funds requirements have been met.
(Type) Name and Title of Chief Elected Official
Signature of Chief Elected Official
State of Oklahoma
County of
Attest:
Subscribed and sworn to before me 2022
Application
Community Development Block Grant (CDBG)
2022 Tulsa County Urban County
Page 5 of 2
Date
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2022 TULSA COUNTY URBAN COUNTY
BUDGET
Name of Applicant: City of Owasso
ATTACHMENT A
* Pending City Council approval
2022 Tulsa County CDBG Urban County If additional is space needed, attach additional sheet(s)
Budget
CDBG
City
Total Construction Activity
$148,601.00
*$150,000.00
Professional & Non Construction
Engineering/Architect Funds
Inspection Funds
Other: Survey
Other: Publishing
Total Professional & Non Const.
Administrative Costs
Public Administrative Funds
Direct Administrative Funds
Total Administrative Costs
Total Project Costs
$148,601.00
*$150,000.00
$298,601.00
* Pending City Council approval
2022 Tulsa County CDBG Urban County If additional is space needed, attach additional sheet(s)
Budget
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
TULSA COUNTY URBAN COUNTY
DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM
ATTACHMENT B
Activity Name: Hale Acres Neighborhood, Survey Data
COMPLETE THIS SECTION BY PLACING THE TOTAL NUMBER OF HOUSEHOLDS OBTAINED FROM THE HOUSEHOLD SURVEY IN EACH APPROPRIATE CDI "MIN
Insert Count Income Levels
$38,450
$43,950
$49,450
$54,900
$59,300
$63,700
$68,100
$72,500
Number of People in Each Household
1
2
3
4
5
6
7
8
Below or Above the County
Income Levels
Below Above
Below Above
Below Above
Below Above
Below Above
Below Above
Below Above
Below Above
Total Number Of Households
23 1 6
22 1 20
12 1 11
24 1 9
14 1 2
6 1 3
2 1 3
7 1 1
Total Number of Occupied Households /Homes in Activity Target Area =
175
Total Number of Persons in Activity Target Area=
613
Total Number of Occupied Households /Homes Surveyed in Activity Target Area =
159
Total Number of Persons Accounted for by the Survey in the Activity Target Area=
499
Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area =
104
Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area =
65.4 %
I hereby certify that the above information was obtained from the occupants of the addresses listed and the information is accurate:
City -wide Low and Moderate Income Level
(For use only when projects are of City -wide benefit.) HUD Census Data for Low and Moderate Income
Level for Block Groups, Enumeration Districts
or Census Tracts as Provided by HUD (For use
x only when a project's target area boundaries are
Signature of Chief Executive Official Date identical to BG, ED or Tracts) %
[Seal]
Subscribed and sworn to before me 20 _ My commission expires 120
Community Development Block Grant (CDBG)
2022Tulsa County Urban County
Beneficiary Income survey Summary - Attachment B
Attachment C
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
TULSA COUNTY URBAN COUNTY
INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES
Federal /State participation, if any (loans, grants, etc.) provide commitment letters.
Agency Purpose Amount I Present Status Comment
Other sources and amount of project financing including applicant's local contribution, if any.
Agency
Purpose
Amount
Present Status Comment
*City of Owasso,
OPWA
Augment CDBG Funds
$150,000
Pending Council Approval
Chief Elected Signature
Other Funding Sources — Attachment C
Community Development Black Grant
2022 Tulsa County Urban County
Page 1 of I
Date
ATTACHMENT D
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2022 TULSA COUNTY URBAN COUNTY
Attach Certified Professional Cost Estimates /Engineering Report (where
applicable)
2022.23 Hale Acres CDBG Water Line Replacement, Phase I
Prepare by: Owasso Public Works 2/16/2022
Item
Number
Item Description
Amount
Unit
Unit Cost
Total Cost
Mobilization /Demobilization
LS
$ 5,000.00
$5,000
2
Construction Staking
LS
$ 3,500.00
$3,500
3
Traffic Control/Safety Signage
LS
$ 2,000.00
$2,000
4
Insurance and Permits
1
LS
$ 1,000.00
$1,000
5
6" C -900 PVC Water Line
2650
LF
$ 50.00
$132,500
6
6" Gate Valve and Box
12
EA
$ 2,250.00
$27,000
7
Fire Hydrant Assembly
3
EA
$ 5,000.00
$15,000
8
RND of Old Water Line
2650
LF
$ 2.00
$5,300
9
RND of Old Valves
3
EA
$ 150.00
$450
10
RND of Old Fire Hydrants
3
EA
$ 250.00
$750
11
3/4" Service Connection
0
EA
$ 750.00
$0
12
3/4" Poly Pipe Service Line
0
EA
$ 12.00
$0
13
Sodding
2444
SY
$ 6.00
$14,667
14
Gravel Drive Replacement
316.8
SY
$ 35.00
$11,088
15
Asphalt Drive Removal and Replacement
160
SY
5 100.00
$16,000
16
Concrete Drive Removal and Replacement
643.2
SY
5 100.00
$64,320
Total
$298,575
CDBG Funding $148,601
CofO Funding $150,000
HALE ACRES SUBDIVISION
ATTACHMENT F
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2022 TULSA COUNTY URBAN COUNTY
Attach Project Timeline which clearly demonstrates Readiness To Proceed,
including an anticipated start date and projected timeline for completion.
Documentation of the level of readiness to proceed must be submitted.
The project will involve removing the old water line and replacing it with a new six -inch (6 ")
PVC water line. The work will be conducted along the front of several single - family residential
lots and will involve the removal and replacement of several private driveways. The water
line lies within an existing easement, so obtaining new easements will be unnecessary and
this in turn will expedite the work. Below is the anticipated project schedule as of the date of
this writing. This timeline is subject to change depending on the timing of approvals, release
of the funds, and environmental clearance.
Environmental Clearance —Late Summer /Early Fall 2022(estimated) - INCOG
Initiate Contract— Late Fall 2022
Initiate Design - Fall of 2022
Bidding — Late Winter /Spring 2023
TO: The Honorable Mayor and City Council
FROM: Josh Quigley
Community Center Manager
SUBJECT: Community Center Outdoor Classroom and Gathering Area Project
DATE: March 11, 2022
BACKGROUND:
The Owasso Community Center Outdoor Classroom and Gathering Area Project will provide an
outdoor space to host classes, events, and meetings and for individuals and groups of people to
gather or have lunch. The Owasso senior population (Owasso Golden Agers Foundation) and
four different veteran groups currently consider the Community Center their home location and
Will significantly utilize this amenity. This project will incorporate elements of nature through plants
and trees throughout, allowing the space to feel open yet secure with railing and fencing.
Furniture pieces will include durable round table seating that can be easily moved for access or
provide additional space.
BASE BID AND ALTERNATES:
The proposed base work includes installing a large stamped, stained, and sealed concrete patio
space spanning the east side of the Community Center, installing a concrete sidewalk on the
south side of the building to connect with an existing south sidewalk pathway, removing the
current sidewalk located on the northeast side of the Community Center and installing a new
sidewalk pathway in its place, installing black powder- coated aluminum railing on the patio for
citizen safety, installing PVC drain line on the south side of the building, and connecting all roof
drains.
The following Alternates were included in the bid specification:
1. Build in place seating bench
1 Install shrubs along base of east retaining wall with filter cloth, mulch, and fertilizer
3. Steel edging for east shrub bed
4. Install landscaping around the north patio with filter cloth, mulch, and fertilizer
5. Steel edging for north shrub beds
6. Install 4" thick stamped, stained, and sealed concrete on north side of building with steel
reinforcement
7. Install 2" Sch 40 PVC sleeves where indicated on the plans
8. Install 6' PVC drain line on north side of building, tying all roof drains to the east parking
lot
9. Install block retaining wall behind bench, 12 -18" high. 12, -in L x 4 -in H x 8 -in D Wall Block,
Charcoal Color
10. Tie gas line into roof and run along outside of wall to east patio
1 l . Install 6' curb and gutter along the east parking lot
12. Steps on south side with hand rail and steel reinforcement
13. Install an irrigation system to service the planting areas
BID PROCESS:
Advertisements for bids were published on February 16, 2022, and February 23, 2022. A
mandatory pre -bid meeting was held at City Hall on February 28, 2022, with a site visit at the
Community Center Outdoor Classroom and Gathering Area
Page 2
Community Center immediately after. There were eleven contractors in attendance. Five (5)
bids were opened publicly on March 9, 2022, at Owasso City Hall,
BID ANALYSIS:
Staff examined the submitted bid packages for improper bids, and none were discovered or
eliminated. Upon review of the qualified bids, staff found the submittal from Grassolutions met all
specifications. Staff contacted representatives from previous projects to inquire about the
bidders' quality, timeliness, professionalism, and overall satisfaction. A check of references
confirmed quality craftsmanship, integrity, and dependability.
FUNDING:
Funding for the project is available in the FY 2022 Community Center Budget and 2025 Vision
Fund.
RECOMMENDATION:
Staff recommends awarding the base bid and all alternates to Grassolutions, of Tulsa,
Oklahoma, in the amount of $103,532.85, and authorization to execute all necessary
documents.
ATTACHMENTS:
Bid Tabulation
Bid Submittal
SRECREATION AND CULTURE DEPT. PROJECT: Community Center Outdoor Classroom & Gathering Area Project
Q BIDTABULATION OPENING DATE: Wednesday, March 9,2022
OPENING TIME: 11:30 a.m. Opened By: Elishva Cook Witness: Karl Fdischen
Page 1 of 1
BIDDER
Bid Submittal
Bid Band 5%
Bid Affidavit
Bidder's Oval
Non Dbcrim
Addendum
#1
TOTALALTS
AC OWEN
$ 100,694.00
BASE BID ALT #1
ALT 02
ALT #3
ALT #4
ALT #S
ALT #6
ALT #7
ALT #8
ALT #9
ALT #10
ALT #11
ALT #12
ALT #13
TOTAL BASE BID &ALTB
176.990,00 $ 10,875.00 $ 4.610.00
$ 460,00 1
$ 9,730.00
$ 240.00
1 $ 28,000.00
1 $ 294.00
$ 4,024.00
$ 5.371 DO
$ 10,500.00
$ 5,000.00
$ 14,500.00
$ 7,090.00
$ 277,684.00
BIDDER
Bid Submittal
Bid Bond 57.
Bid Ai#dav#
Bidders Qual
Non Dhcdm
Addendum
#1
TOTAL ALTS
MAGNUM CONSTRUCTION, INC
$ 82,990.00
BASE BID ALT #1
AL7#2
ALT #3
AL7#4
ALT #5
ALT #6
ALT #7
ALT #8
ALT #9
ALT #10
AL7#11
ALT #12
ALT #13
TOTAL BASE BID &ALTS
$ 144,980.00 $ 5,125.00 $ 3,248.00
$ 1.840.00
$ 7.900.00
$ 960.00
$ 15,438.00
$ 030.00
$ 7,9920
$ 2,457.00
$ 4,800.00
$ 5,200.00
$ 10.800.00
$ 12,100.0)
$ 277,970.0)
BIDDER
Bid Submittal
Bid Bond 5%
Bid ARldavtt
Bidder's Gaul
Non Discrim
Addendum
TOTAL ALTS
BUILDER'S UNLIMITED
$ 81,236,50
BASE BID ALT #1
ALT #2
ALT #3
ALT #4
ALT #5
ALT #6
ALT #7
ALT #8
ALT #9
ALT #10
ALT #11
ALT #12
ALT #13
TOTAL BASE DID &ALTS
$ 130,295.49 $ 11,369.00 $ 9.095.00
$ 91425
$ 9.261.00
$ 477.00
$ 12,313.88
$ 681.66
$ 7,930.80
$ 3.410.91
$ 4,752.00
$ 3.979.0)
$ 8.526.00
$ 8,526.00
$ 211,531.99
BIDDER
Bid Submittal
Bid Bond 5%
Bid Affidavit
Bidders Quai
Non Discrim
Addendum
#1
TOTAL ALTS
HOEY CONSTRUCTION COMPANY
$ 75227.00
BASE BID ALT #1
ALT #2
ALT #3
ALT 04
ALT #5
ALT #6
ALT #7
ALT #8
ALT #9
ALT #10
ALT #11
ALT #12
ALT #13
TOTAL BASE BID &ATLS
$ 158,004.00 $ 13,825,00 $ 3,000.00
$ 1,725.00
$ 9,580.00
$ 900.0)
1 $ 9.462.00 1$630.00
1$4,896.00
1$2,349.00
1$6,240.00
$5.600.00
$4.370,00
$12,650.00
$ 233,231.00
BIDDER
Bid Submittal
Bid Bond 57.
Bid Affidavit
Blddels Qua]
Non Discrim
Addendum
TOTAL ALTS
GRASSOLUTIONS
Bid Submittal
contained mathmatical
error
$ 41,997.451
BASE BID ATILT
ALT #2
ALT #3
ALT #4
ALT 45
ALT #6
ALT #7
ALT #8
ALT #9
ALT #10
ALT #11
ALT #12
ALT #13
TOTAL BASE BID &ALTS
$ 61,571 A0 $ 4,950.00 $ 3.972.50
$ 506.00
$ 4,172.50
$ 264.001$ 675.00
$ 2200.00
$ 1,984.95
$ 3.950.00
$ 3,600.00
$ 4,312.50
$ 3.025,00
$ 8,385100
103532.85'
Page 1 of 1
SECTION 4 - BID SUBMITTAL
PROJECT IDENTIFICATION: OWASSO COMMUNITY CENTER OUTDOOR CLASSROOM AND
GATHERING AREA PROJECT
The undersigned BIDDER proposes and agrees, it this Base Bid and any, all, or none
of the listed alternates, are accepted, to enter into an Agreement with OWNER in
the form included in the Project Documents to complete all Work as specified or
indicated in the Project Documents for the price and within the time indicated in
this Bid and in accordance with all other terms and conditions of the Project
Documents.
2. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) Bidder has examined and carefully studied copies of all the Project
Documents, the related data identified in the Project Documents and the
following addenda:
Addendum Number Date
3. BIDDER will complete the work in accordance with the Agreement for the
following prices:
Table 2- Coating Performance Requirements
Table T - Minimum Sizes for Posts
Fence Posts
Panel Hei ht
Characteristics
2-1/2" x 16 Go.
U to & Includin
6' Height
D3359 -Method B
Adhesion (Retention of Coating) over 90% of test
Gate Leaf
area (Tape and knife test l.
Gate Hei ht
U to & Includin
4'
Over 4' U12 tg & In lu in 6'
Up to 4'
2-1/2" x 14 Ga.
Montage
3" x 12 Ga.
4'l " to 6'
3" x 12 Go.
D2794
3" x 12 Go.
6'1 "to 8'
3 "x 12 Go.
impact using 0.625" ball),
4 "x 12 Go.
Table 2- Coating Performance Requirements
Quality
ASTM Test Method
Performance Requirements
Characteristics
2 -1/2"
2-
Adhesion
D3359 -Method B
Adhesion (Retention of Coating) over 90% of test
area (Tape and knife test l.
Corrosion
Bl 17, D714 & D1654
Corrosion Resistance over 1,500 hours (Scribed
Resistance
Bracket Type shall
per D1654; failure mode is accumulation of 1/8"
Montage
Montage Plus
coatInq loss from scribe or medium #8 blisters).
Impact Resistance
D2794
Impact Resistance over 60 inch lb. (Forward
Flat Mount
Swivel
impact using 0.625" ball),
Weathering
D822 D2244, D523 (60°
Weathering Resistance over 1,000 hours (Failure
Resistance
Method)
mode is 60% loss of gloss or color variance of
BB114
more than 3 delta -E color units).
Table 3- Post Spacing By Bracket Type
San
8' Nominal 91.95" Rail
Post Size
2 -1/2"
2 -1/2"
2-
1 3"
2 -1/2"
3"
1/2"
Bracket Type shall
Montage
Montage
Montage Plus
Montage Plus
be comparable or
Plus
Plus
Flat Mount
Swivel
greaterthon
Universal
Line Blvd.
(BB111)
(BB 113)*
88112
BB114
Post Settings
95"
95"
95"
95
"95"
'95-1 /2"
± 1/4" O.C.
1/2"
`Note: When using BB 113 swivel brackets on either or both ends of a panel installation, care must
be taken to ensure the spacing between post and adjoining pickets meets applicable codes. This
will require trimming one or both ends of the panel.
ADDENDUM NO. 1
OWASSO COMMUNITY CENTER OUTDOOR CLASSROOM
AND GATHERING AREA PROJCET
CITY OF OWASSO, OKLAHOMA
Issued February 22, 2022
This addendum is part of the Contract Documents and Bid Specification for this project and
modifies the original Project Documents. This Addendum is issued to clarify and /or revise the
following items for prospective bidders: Sign this addendum where indicated and scan it back
to the Contract Administrator at ecookOcifvofowasso.com. The Addendum MUST also be
included in the Contract Documents and Specification book if making a bid as a General
Contractor.
1. fENCING
The detail for the deck fencing that was shown on sheet 5, Community Center Patio 5 -
Details, of the construction drawings indicates.a height of five (5) feet, which is incorrect.
The correct fence height is forty -fwo (42) inches. Please ensure that your bid reflects this
correction.
The bid tab sheet on page 19, bid item 005, mentions aluminum fencing and thickness of
material. Please note, that fhe specifications cited on pages 14 -17 shall be followed for
the fencing material.
2. Gates
The detail for the gate that was shown on page 16, Part 3 3.04 and on the table on page
17, will not be part of this project, no gates will be required.
I hereby acknowledge that I have received and read Addendum No. i
BIDDER
Printed Name pHILLIP uZZEz
Name
Sign
Title
DATE:
ADD ALTERNATES
TOTAL BASE BID
UNIT
QTY
UNIT
TOTAL
$ 3 $ 2
PRICE
AA01
Build in place seating bench
Install shrubs per plan along base of
AA02
east retaining wall with filter cloth,
mulch, and fertilizer
Steel edging for east shrub bed
Install landscaping per plan around the
AA04
north patio with filter cloth, mulch, and
fertilizer
Steel edging for north shrub beds
Install 4" thick stamped, stained, and
AA06
sealed concrete on north side of
buildinq with steel reinforcement
Install 2" Sch 40 PVC sleeves where
LF
42
indicated
Install 6" PVC drain line on north side
AA08
of building. Tie in all roof drains and
LF
72
daylight into east parking lot
Install block retaining wall behind
AA09
bench, 12- 18" high. 12 -in L x 4 -in H x
LF
27
8 -in D Wall Block, Charcoal Color
AA10
Tie gas line into roof and run along
outside of wall to east patio
LF
48
AA11
Install 6" curb and gutter along the east
LF
100
parking lot
12 Z
Steps on south side with hand rail
AA12
(includes installation). Include steel
reinforcement
5 f
3o 2S
Install an irrigation system to service
the planting plan shown. All areas to
be irrigated. Irrigation will require
AA13
sleeves in areas denoted on the plan.
2" Water meter resides on the west
side of the Community Center and will
require approximately 152 feet of 1"
PVC
Total Add Alternates
TOTAL BASE BID
TOTAL ADD ALTERNATES
TOTAL BASE BID AND ADD ALTERNATES
Communitv Center BASE BID
Base
UNIT
QTY
UNIT
PRICE
TOTAL
Install reinforced concrete retaining
wall and footings with stone texture on
face.
Install and compact select fill material
Install 4" concrete sidewalk on the
south side of the building. Include steel
reinforcement
Remove and install new 4' sidewalk on
northeast side of building
Install 42" high aluminum railing on
retaining wall and to edge of building.
Black powder coated black semi -gloss
finish complete with all mounting
hardware and fasteners. Posts 1/8"
thick metal. Railing 1/16" as per
specifications
Install 4" thick stamped, stained, and
include steel
sealed concrete
reinforcement
Install 6" PVC drain line on south side
of building. Tie in all roof drains and
into east parking lot
Sub Total
10% Contingency
Total Base Bid
5. BIDDER accepts the provisions of the Agreement as to liquidated damages of One
Thousand Dollars ($1000.00) for each consecutive calendar day that expires after
the time specified for substantial completion until the work is substantially
complete.
SUBMITTE ON
BY:
COMPANY: S
IF BIDDER IS:
An Individual
By: (SEAL)
(Individual's Name)
doing business as
Business Address:
Phone No: gtg 67-70
A Partnership
By: (SEAL)
Business Address:
Phone No:
A Corporation
By:
(CORPORATE SEAL)
Attest:
Business Address:
Phone No:
(Firm Name)
(General Partner)
(Corporation Name)
(State of Incorporation)
(Nomer of Person Authorized to Sign)
(Title)
(Secretary)
SECTION 9 — AGREEMENT and GENERAL CONDITIONS
THIS AGREEMENT is dated as of the 15th day of March, 2022, by and between The City
of
Owasso, Oklahoma (hereinafter called OWNER) and GRASSOLUTIONS (hereinafter
called
CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter
set forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Project Documents.
All local, state, and federal laws, etc. shall govern every aspect of work. The Work is
generally described as follows:
ARTICLE 2. DEPARTMENT
The project has been assigned by OWNER to the responsible City Department. The
Department Director, or his /her duly authorized representative, who is hereinafter called
PROJECT MANAGER, will assume all duties and responsibilities and will have the rights and
authority assigned to DEPARTMENT in the Project Documents in connection with the
completion of the Work in accordance with the Project Documents.
ARTICLE 3. CONTRACT TIME
3.1 The Work will be substantially completed within forty -five ( 45 )
calendar days from the date of Notice to Proceed; and completed and ready for final
payment in accordance with the General Conditions within sixty ( 60 )
calendar days from the date of Notice to Proceed, which will be on or before March,
_, 2022.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in paragraph 3.1 above, plus any
extensions thereof allowed in accordance with the General Conditions. They also
recognize the delays, expense and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive
calendar day that expires after the time specified in paragraph 3.1 for substantial
completion until the Work is substantially complete. After Substantial Completion, if
CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time
specified in paragraph 3.1 for completion and readiness for final payment or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand
Dollars ($1000.00) for each consecutive calendar day that expires after the time specified
in paragraph 3.1 for completion and readiness for final payment.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance
with the Project Documents in current funds the amount agreed upon in CONTRACTOR'S
bid.
4.2 CONTRACTOR understands that the estimated quantities are not guaranteed
and that the determination of actual quantities and their classification is to be made by
the OWNER at the time of application for payment.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the General
Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement.
Applications for Payment will be processed by OWNER as provided in the General
Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance
with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement
during construction as provided below. All progress payments will be on the basis of the
progress of the Work.
5.1.1 Progress payments shall not exceed an amount equal to 90% of the
WORK completed until such time as CONTRACTOR shall complete in excess of fifty
percent (50 %) of the contract amount.
5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract
amount, OWNER shall pay an amount sufficient to increase total payments to
CONTRACTOR to 95% of the WORK completed, less such amounts as OWNER shall
determine in accordance with the General Conditions, provided that OWNER has
determined that satisfactory progress is being made, and upon approval by the Surety.
5.2 Final Payment. Upon final completion and acceptance of the Work in
accordance with the General Conditions, OWNER shall pay the Contract Price.
ARTICLE 6. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of
Project Documents, Work, locality, and with all local conditions and federal, state and
local laws, ordinances, rules and regulations that in any manner may affect cost, progress
or performance of the Work.
6.2 CONTRACTOR has studied carefully all reports or explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the site
(except underground facilities) which have been identified in the Supplementary
Conditions as provided in the General Conditions. Contractor accepts the
determination set forth in the General Conditions of the extent of the "technical data"
contained in such reports and drawings upon which Contractor is entitled to rely.
Contractor acknowledges that such reports and drawings are not Project Documents
and may not be complete for Contractor's purposes. Contractor acknowledges that
Owner and Project Manager do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Project Documents with
respect to underground facilities at or continuous to the site. Contractor has obtained
and carefully studied (or assume responsibility for having done so) all such additional
supplementary examinations, investigations, explorations, tests, studies and data
concerning conditions (surface, subsurface and underground facilities) at or contiguous
to the site or otherwise which may affect cost, progress, performance or furnishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences and
procedures of construction to be employed by Contractor, and safety precautions and
programs incident thereto. Contractor does not consider that any additional
examinations, investigations, explorations, tests, studies, or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times
and in accordance with the other terms and conditions of the Project Documents.
6.3 CONTRACTOR has made or caused to be made examinations, investigations,
tests and studies of such reports and related data in addition to those referred to in
paragraph 6.2 as deemed necessary for the performance of the Work at the Contract
price, within the Contract Time and in accordance with the other terms and conditions
of the Project Documents; and no additional examinations, investigations, tests, reports
or similar data are or will be required by CONTRACTOR for such purposes.
6.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Project Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations, tests,
reports, studies or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the Work at the
Contract Price within the Contract Time and in accordance with the other terms and
conditions of the Project Documents, including the General Conditions.
6.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Project
Documents.
6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or
discrepancies that he has discovered in the Project Documents, and the written
resolution thereof by OWNER is acceptable to CONTRACTOR.
6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible
for the workmanship, labor and materials used in the project for two (2) years after the
project has been accepted by the OWNER.
6.8 CONTRACTOR understands that they will be exempt from all sales tax on
materials and other items necessary for the completion of the project. The OWNER has
issued him a Certification of Tax - Exempt Project enclosed as Exhibit "C" of this Agreement.
ARTICLE 7. PROJECT DOCUMENTS
The Project Documents which comprise the entire agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the
following:
7.1 This Agreement and General Conditions
7.2 Exhibits "A ", "B ", and "C" to this Agreement
7.3 Advertisement for Bids
7.4 Requirements for Bidders
7.4 Project and Bid Specifications
7.6 Bid
7.7 Bid Bond
7.8 Bid Affidavits
7.9 Statement of Bidders Qualifications
7.10 Certificate of Non - Discrimination
7.11 Performance Bond / Maintenance Bond / Statutory payment Bond
7.12 Notice of Award and Notice to Proceed
7.13 Change Order
7.14 Project Drawings, consisting of Sheets 1 to 5, inclusive, and Standard Drawings.
7.15 Addendum Numbers _ to _, inclusive.
7.16 Documentation submitted by CONTRACTOR prior to Notice of Award
7.17 Any Modification, including Change Orders, duly delivered after execution of
Agreement
There are no Project Documents other than those listed above in this Article 7. The Project
Documents may only be altered, amended or repealed by a Modification (as defined in
the General Conditions).
ARTICLE 8. MISCELLANEOUS
8.1 Terms used in this Agreement which are defined in the General Conditions shall
have the meanings indicated in the General Conditions.
8.2 No assignment by a party hereto of any rights under or interests in the Project
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically, but without limitation, monies that may
become due and monies that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law) and unless
specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Project
Documents.
8.3 OWNER and CONTRACTOR each binds himself /herself, his /her partners,
successors, assigns, and legal representatives to the other party hereto, his /her partners,
successors, assigns and legal representatives in respect to all covenants, agreements and
obligations contained in the Project Documents.
8.3 The Agreement (or remaining portions thereof) should continue in effect, be
valid and binding upon both parties even if a provision or part of the Project Documents
should be held void or unenforceable by law.
ARTICLE 9. GENERAL CONDITIONS OF THE AGREEMENT
SECTION 101 DEFINITIONS AND TERMS
Whenever in these specifications and contracts, or in any documents or instruments
pertaining to construction where these specifications govern, the following terms or
pronouns in place of them are used, the intent and meaning shall be interpreted as
follows:
101.01 - ABBREVIATIONS: Whenever the following abbreviations are used in these
specifications or on the plans, they are to be construed the same as the respective
expressions represented:
A.A.S.H.O.
American Association of State Highway Officials
A.A.S.H.T.O.
American Association of State Highway Traffic Officials
A.I.A.
American Institute of Architects
A.S.A.
American Standards Association
A.S.C.E.
American Society of Civil Engineers
A.S.T.M.
American Society of Testing & Materials
A.W.W.A.
American Water Works Association
MUTCD
Manual on Uniform Traffic Control Devices
O.D.O.T.
Oklahoma Department of Transportation
101.02 - ADVERTISEMENT: The public announcement, as required by law, inviting bids for
work to be performed or materials to be furnished.
101.03 - AWARD: The acceptance by the Owner of a bid.
101.04 - BASE COURSE: The layer or layers of specified or selected materials of design
thickness placed on a sub -base or a sub -grade to support a surface course.
101.05 - BIDDER: The individual, company, partnership or corporation submitting a bid for
the advertised work.
101.06 - BRIDGE: A structure, including supports, erected over a depression or obstruction
as water, highway, or railway, and having a track or passageway for carrying traffic, and
having an opening measured along the center of the roadway of more than 20 feet
between abutments or springline of arches or extreme ends of openings for multiple
boxes.
101.07 - CITY: The City of Owasso, Oklahoma, a municipal corporation, acting through
its duly authorized officers or agents.
101.08 - CALENDAR DAY: Every day shown on the calendar.
101.09 - CHANGE ORDER: A written order issued by the Department to the contractor,
covering changes in the plans or quantities or both, within the scope of the contract and
establishing the basis of payment and time adjustments for the work affected by the
change.
101.10-CHANNEL: A natural or artificial watercourse.
10 1. 11 — CONSULTANT: - Architect, Engineer, or other outside firm hired by the Owner to
design or administer the construction of the Project.
101.12 - CONTRACT: The written agreement between the Owner and the contractor
setting forth the obligations of the parties thereunder, including, but not limited to the
performance of the work, furnishing of materials, and the basis of payment.
The contract includes the invitation for bids, proposal, addenda, contract form and
contract bonds (statutory, performance and maintenance bond), specifications,
supplemental specifications, special provisions, general and detailed plans, and notice
to proceed, also any change orders and agreements that are required to complete the
construction of the work in an acceptable manner, including authorized extensions
thereof, all of which constitute one instrument.
101.13 - CONTRACT ITEM (PAY ITEMI: A specifically described unit of work for which a
price is provided in the contract.
101.14 - CONTRACT PAYMENT BOND (STATUTORY BOND): The security furnished by the
contractor and his /her surety to guarantee payment of prescribed debts of the
contractor covered by the bond.
101.15 -CONTRACT PERFORMANCE BOND: The security furnished by the contractor and
his /her surety to guarantee complete execution and performance of the work in
accordance with the contract.
101.16 - CONTRACT TIME: The number of work days or calendar days allowed for
completion of the contract, including authorized time extensions.
In case a calendar date of completion is shown in the proposal in lieu of the number of
working calendar days, the contract shall be completed by that date.
101.17 - CONTRACTOR: The individual, company, partnership or corporation contracting
with the City of Owasso for performance of prescribed work.
101. 18 - CONTROL OF ACCESS: The condition where the right of owners or occupants of
abutting land or other persons to access, light, air or view in connection with a roadway
is fully or partially controlled by public authority.
101.19 - CULVERT: Any structure not classified as a bridge which provides an opening
under the roadway.
101.20 - DEPARTMENT: A Department of the City of Owasso operating under the direction
and authority of the Owner.
101.21 - DRAINAGE DITCH: A constructed open excavation or ditch constructed for the
purpose of carrying off surface water.
101.22- EASEMENT: A grant of a right of use of the property of an owner for a certain
purpose at the will of the grantee.
101.23 - EQUIPMENT: All machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and also tools and apparatus necessary for the proper
construction and acceptable completion of the work.
101.24 - EXTRA WORK: An item of work not provided for in the contract as awarded but
found essential to the satisfactory completion of the contract within its intended scope.
101.25 - EXTRA WORK ORDER: A change order concerning the performance of work or
furnishing of materials involving extra work. Such extra work may be performed at agreed
prices or on a force account basis as provided elsewhere in these specifications.
101.26 - INSPECTOR: The Department's authorized representative assigned to make
detailed inspections of contract performance.
101.27 - INVITATION FOR BIDS: The advertisement for proposals for all work or materials on
which bids are required. Such advertisement will indicate the time and place of the
opening of proposals.
101.28 - LABORATORY: The official testing laboratory of the City or any other testing
laboratory which may be designated by the Department.
101.29 - MATERIALS: Any substances specified for use in the construction of the project
and its appurtenances.
101.30 - MAYOR: The Mayor of the City of Owasso as constituted by charter to administer
the affairs of the City of Owasso.
101.31 - NOTICE TO PROCEED: Written notice to the contractor to proceed with the
contract work.
101.32 - OWNER: City of Owasso, Owasso Public Works Authority, Owasso Public Golf
Authority, or other entity of the City.
101.33 - PARKING: That portion of the right -of -way on city streets or urban projects not
covered by paved surface or sidewalk.
101.34 - PAVEMENT STRUCTURE: The combined sub -base, base and surface courses
placed on the sub -grade to support the traffic load and distribute it to the roadbed.
101.35 - PLANS: The approved plans, profiles, typical cross sections, working drawings and
supplemental drawings, or exact reproductions thereof, which show the location,
character, dimensions, and details of the work to be done.
101.36 - PROJECT: The specific section of construction to be performed thereon under
the contract.
101.37 - PROPOSAL: The written offer of the bidder, submitted on the prescribed proposal
form, to perform the work described in the plans and specifications and to furnish the
labor and materials at the prices quoted by the bidder.
101.38 - PROPOSAL GUARANTY: The security to be furnished by the bidder as a guaranty
of good faith to enter into a contract and to execute the required bonds covering the
work contemplated if his /her proposal is accepted.
101.39 - SHOULDER: The portion of the roadway contiguous with the traveled way for
accommodation of stopped vehicles, for emergency use, and for lateral support of base
and surface courses.
101.40 - SPECIAL PROVISIONS: Additions and revisions to the standard and supplemental
specifications covering conditions peculiar to an individual project.
101.41 - SPECIFICATIONS: A general term applied to all directions, provisions and
requirements pertaining to performance of the work.
101.42 - SPECIFIED COMPLETION DATE: The date on which the contract work is specified
to be completed.
101.43 - STATUTORY BOND: The approved forms of security furnished by the contractor
and his surety as a guaranty that (s) he will pay in full all prescribed debts of the contractor
covered by the bond.
101.44 - SUBBASE: The layer or layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
101.45 -SUBCONTRACTOR: An individual, company, partnership or corporation to whom
the contractor contracts part of the contract.
101.46 - SUBGRADE: The top surface of a roadbed upon which the pavement structure
and shoulders are constructed.
101.47 — SUBSTANTIAL COMPLETION: The time at which the Work (or specified part
thereof) has progressed to the point where, in the opinion of the Department, the Work
(or a specified part thereof) is sufficiently complete, in accordance with the Project
Documents, so that the Work (or specified part thereof) can be utilized for the purpose
for which it is intended. The terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to Substantial Completion thereof.
101.48- SUBSTRUCTURE: All of that part of the structure below the bearings of simple and
continuous spans, skewbacks or arches and tops of footings of rigid frames, together with
the backwalls, wingwalls and wing protection railings.
101.49 - SUPERINTENDENT: The designated representative of the contractor present on
the work at all times during progress, authorized to receive and execute instructions from
the Department and capable of superintending the work effectively.
101.50 - SUPERSTRUCTURE: The entire structure except the substructure.
101.51 - WORK: Work shall mean the furnishing of all labor, materials, equipment, and
other incidentals necessary or convenient to the successful completion of the project
and the carrying out of all the duties and obligations imposed by the contract.
101.52- WORKING DAY: A working day shall be any day, other than a holiday, Saturday,
or Sunday, on which weather and working conditions would permit the normal forces of
the contractor to proceed with regular work for a period of at least six hours toward the
completion of the work, unless work is suspended for causes beyond the contractor's
control. Saturdays, Sundays, and holidays on which the contractor's forces engage in
regular work, requiring the presence of an inspector, will be considered as working days.
101.53 - WORK ORDER: A written order, executed by the Department, of a contractual
status requiring performance by the contractor without negotiation of any sort.
101.54 - WORKING TIME: The working time stated in the proposal and the contract shall
be definite number of working days or calendar days and shall be considered an
essential part of the contract.
101.55 - In order to avoid cumbersome and confusing repetition of expressions in these
specifications, it is provided that whenever anything is, or is to be, done, if, as, or, when
or where "contemplated, required, determined, directed, specified, authorized, ordered,
given, designated, indicated, considered necessary, deemed necessary, permitted,
reserved, suspended, established, approval, approved, disapproved, acceptable,
unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient
rejected, or condemned," it shall be understood as if the expression were followed by the
words "by the Department" or "to the Department."
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
102.01 - NOTICE TO BIDDERS (ADVERTISEMENT): After the date is set for the receipt of
proposals, the Owner will give notice of such letting to prospective bidders. The notice
will contain a description of the proposed work, together with information to the bidder
regarding access to proposal forms, plans, specifications, the amount of proposal
guaranty and the minimum wage rate required per hour for labor (when applicable).
This Notice to Bidders will be published as an advertisement giving notice of request for
bids, as required by State laws. The Notice to Bidders will become one of the Project
Documents, if award is made.
102.02 - PREQUALIFICATION OF BIDDERS: Bidders are not required to be pre - qualified.
Bidder must complete Statement of Bidder's Qualifications. No bid will be accepted
unless all questions have been answered completely and the statement has been signed
and notarized.
Each bidder agrees to comply with all terms of relating to equal employment
opportunity.
102.03 - PROPOSAL FORMS: The Owner will make available to bidders the proposal forms
which will state the location and description of the contemplated construction and will
show the approximate quantities of the various items of work to be performed and
materials to be furnished with a schedule of items for which unit bid or lump sum prices
are asked. The proposal form will state the time in which it must be completed and the
amount of the "Proposal Guaranty" which must accompany the proposal.
102.04 - INTERPRETATION OF ESTIMATES: The estimate of quantities of work to be done
and materials to be furnished listed in the Plans and on the Bid Form are to be considered
as approximate only and are to be used as a basis for the comparison of bids and the
award of the contract. The Owner does not expressly or by implication agree that the
actual quantities involved will correspond exactly therewith; nor shall the bidder plead
misunderstanding or deception because of such estimate of quantities, or of the
character, location or other conditions, pertaining to the work. Payment to the
contractor will be made only for the actual quantities of work performed or materials
furnished in accordance with the plans and specifications and it is understood that the
quantities of work to be done and the materials to be furnished may each be increased,
diminished or omitted as hereinafter provided without in any way invalidating the bid
prices.
102.05 - EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, SITE OF WORK:
The bidder is required to examine carefully the site of the proposed work and the
proposal, plans, specifications, special provisions, and contract forms, and satisfy
himself /herself as to the character, quality and quantities of work to be performed and
materials to be furnished and as to the requirements of these specifications,
supplemental specifications, special provisions and contract. The submission of a
proposal shall be prima facie evidence that the bidder has made such an examination.
102.06 -PREPARATION AND SUBMISSION OF PROPOSAL: (1) The bidder shall submit his /her
proposal upon the forms furnished in the specification documents. The bidder shall
specify a unit price in words and figures for each pay item for which a quantity is given
and shall also show the products of the respective unit prices and quantities written in
figures in the column provided for that purpose and the total amount of the proposal
obtained by adding the amounts of the several items. All the words and figures shall be
in ink or typed. In case of a discrepancy between the prices written in words and those
written in figures, the prices written in words shall govern.
Any change in the unit price, words or figures, or the product of the unit price, shall be
acknowledged by the initials of the person signing the bid, adjacent to each such
change or alteration.
(2) LUMP SUM - The bidder shall submit his /her proposal upon the forms furnished in the
specification documents. The bidder shall specify a lump sum price when called for
either in words or in figures for each item requested, and shall also show the products
when applicable.
Any change in the lump sum, words or figures, or the product, shall be acknowledged by
the initials of the person signing the bid, adjacent to each such change or alteration.
SIGNATURE OF PROPOSAL CONTRACTS STATUTORY BOND
IF A CORPORATION: Title of officer signing, Secretary's attest and Seal
should be shown.
IF A COMPANY: Title of officer signing. (If incorporated, following the
Company name with "A Corporation" and title of
officer signing, along with Secretary's attest and
company seal or corporate seal.)
IF A PARTNERSHIP: Indicate following firm name "A Partnership" and
"Partner" following signature of partner signing.
IF AN INDIVIDUAL: Show individual, D /B /A (show firm name) and following
signature, show "Owner."
102.07 - REJECTION OF PROPOSALS: Proposals containing any omission, alterations of
form, additions or conditions not called for, conditional or alternate bids unless called for,
or if they contain a clause in which the bidder reserves proposals otherwise regular which
are not accompanied by a Proposal Guaranty will be considered irregular and may be
rejected. The Owner reserves the right to waive technicalities as to change, alterations,
or reservations and make the award in the best interest of the Owner.
102.09 - PROPOSAL GUARANTY: Each separate proposal shall be accompanied by a
certified check, cashier's check or bidder's surety bond, in the amount as stated in the
advertisement for bids.
102.10 - WITHDRAWAL OF PROPOSALS: Bids may be modified or withdrawn by an
appropriate document duly executed (in the manner that a Bid must be executed) and
delivered to the place where Bids are to be submitted at any time prior to the opening
of Bids. After other bids are opened and read, the bid for which withdrawal is requested
will be returned unopened.
102.11 - DISQUALIFICATION OF BIDDERS: Any one or more of the following causes may be
considered as sufficient for the disqualification of a bidder and the rejection of his /her
bid:
• Failure to comply with any qualification regulations of the Owner.
• Contractors on unacceptable lists published by governmental agencies.
• More than one proposal for the same work from an individual, company,
partnership, or corporation under the same or different names.
• Evidence of collusion among bidders. Participants in such collusion will receive no
recognition as bidders for any future work for the Owner.
• Unbalanced proposals in which the prices for some items are out of proportion to
the prices of other items.
• Failure to submit a unit price or lump sum for each item or items of work listed in the
proposal.
• Lack of responsibility as shown by past work for the Owner, judged from the
standpoint of workmanship and progress. Lack of competency and adequate
machinery, plant and other equipment, as revealed by the financial statement
and experience questionnaires.
• Uncompleted work which, in the judgment of the Owner, might hinder or prevent
the prompt completion of additional work if awarded.
• For being in arrears on existing contracts, in litigation with the Owner, or having
defaulted on a previous contract or failure to comply with any qualification
regulations of the Owner.
102.12 - MATERIAL GUARANTY: The successful bidder may be required to furnish a
complete statement of the origin, composition, and manufacture of any or all materials
to be used in the construction of the work together with samples, which samples may be
subjected to tests to determine their quality and fitness for the work.
Section 1.07 PRODUCT WARRANTY & Construction Guarantee is in addition to the required
2 -year Maintenance Bond.
102.13 - CONTRACTOR AND THEIR EMPLOYEES: The General Contractor and
subcontractors employed upon the work shall and will be required to conform to the
labor laws of the State of Oklahoma and the various acts amendatory and
supplementary thereto, and to all laws, ordinances, and legal requirements applicable
thereto. The contractor shall employ competent foremen, experienced mechanics, and
others skilled in the several parts of the work given them to do, for performance of the
work embraced in this contract; and shall promptly discharge any and all incompetent
or otherwise unsatisfactory employees. Contractor's employees directly employed in
performance of the work shall not be paid less than the prevailing minimum wage scale.
Necessary sanitary conveniences for the use of employees on the work, properly
secluded from public observation, shall be provided and maintained by the contractor.
The construction and location of the facility and disposal of the contents shall comply
with all laws of the Owner and State, relating to health and sanitation regulations.
The contractor hereby agrees to comply with the provisions of Title 40 Oklahoma Statutes
(Supp.9181) Sections 196.1 et.seq. relating to minimum wage scale of public projects.
The Contractor and each Subcontractor shall pay the contributions required by the
Social Security Act, U.S. Current Tax Payment Act (withholding tax) and the public laws
of the State and shall accept exclusive liability for said contributions. The Contractor
further shall indemnify and hold harmless the Owner on account of any such contributions
assessed against the Owner.
The contractor agrees to keep an accurate record showing the names and occupation
of all employees, including the employees of any subcontractor, employed on the
contract and also showing the actual wages paid to each of the employees, which
record shall be open at all reasonable hours to the inspection of the Owner or the
Commissioner of Labor, State of Oklahoma.
The contractor further agrees that it (and contractor's subcontractors, if any) will not fail
or refuse to hire or discharge any individual, or otherwise discriminate against any
individual with respect to this compensation, terms, conditions, or privileges of
employment, because of such individual's race, color, religion, sex, age or national origin,
and further agrees that it will not (nor will its subcontractors, if any) limit segregate or
classify its employees in any way which would deprive or tend to deprive any individual
of employment opportunities or otherwise adversely affect his /her status as an employee,
because of such individual's race, color, religion, sex, age, physical handicap or national
origin. Contractor further agrees with the Owner that this contract may be terminated
by the Owner in the event there shall be a violation of any of the provisions of this
paragraph, upon notice in writing given, and all monies to become due pursuant to any
other provisions of this contract from the date of termination shall thereafter be forfeited
the contractor being entitled only to monies expended and services performed up to
and including the date of termination.
SECTION 103 AWARD AND EXECUTION OF CONTRACT
103.01 - AWARD OF CONTRACT: Award of contract will be made by the Owner, upon
the recommendation of the Department to the lowest responsible bidder meeting the
requirements of the Oklahoma "Public Competitive Bidding Act ". The award of contracts
involving the expenditure of federal funds is contingent on concurrence of the federal
agency or any other agency whose funds are being used. The award, if made, will be
within thirty (30) calendar days after the opening of proposals.
103.02 - CANCELLATION OF AWARD: The Owner reserves the right to cancel the award
of any contract at any time before the execution of said contract without any liability
against the Owner /City of Owasso.
103.03 - RETURN OF PROPOSAL GUARANTIES: The guaranty deposited with bids will be
returned to unsuccessful bidders within fourteen (14) days after the Bid Opening. The
guaranty of the successful bidder will be retained until after the contract is executed and
bonds approved, after which it will be returned. The Proposal Guaranty of any Bidder
whom Owner believes to have a reasonable chance of receiving the award, may be
retained by Owner until after the contract of the successful bidder is executed and the
bonds approved.
103.04 - INSURANCE AND BONDS: The successful bidder will be required to carry such
compensation and public liability insurance as may be required under the laws of the
State of Oklahoma, and shall execute and furnish a statutory surety bond guaranteeing
that the contractor shall pay all indebtedness incurred for materials and labor furnished
in the performance of the contract in a sum equal to one hundred percent (100 %) of the
contract price. The successful bidder shall furnish a performance surety bond in the
amount of one hundred percent (100 %) of the contract guaranteeing the proper and
prompt completion of the work in accordance with the provisions of the contract and
the plans and specifications. The successful biddershall also furnish a maintenance bond
in the amount of one hundred percent (100 %) of the contract, guaranteeing public
improvement projects for two (2) years against defective workmanship and materials
from the date of acceptance of the project. CONTRACTOR MUST USE THE BOND FORMS
SUPPLIED IN THIS DOCUMENT and MAY ATTACH SAID BOND.
The contractor (and any subcontractors) shall carry and keep in force during this
contract, policies of public liability insurance, including any contractual liability assumed
under this contract, in the minimum amounts set forth below, and workmen's
compensation and employer's liability insurance in the amounts required by law. The
contractor shall also furnish an Owner's Protective Policy in the same amounts with the
Owner as the named insured, issued by the same insurance company as the issuer of
Contractor's Liability Coverage.
Public Liability. other than automobile:
Personal Injury, each person $ 100,000.00
Personal Injury, each accident $1,000,000.00
Property Damage, each person $ 100,000.00
Property Damage, each occurrence $ 100,000.00
Automobiles and Trucks; Owned, Hired and Non - owned:
Personal Injury, each person $ 100,000.00
Personal Injury, each accident $1,000,000.00
Property Damage, each accident $ 100,000.00
The policy shall provide a clause stating that it cannot be canceled by the insurer without
the insurer first giving the Owner ten (10) day written notice of cancellation. The
contractor shall furnish the Owner an original and duplicate certificate of insurance at
the time contracts are prepared.
103.05 - FORFEITURE OF PROPOSAL GUARANTY: The individual, partnership, company or
corporation to whom a contract is awarded shall, within ten (10) days after such contract
is awarded, execute and deliver to the Owner the contract required under such award,
and execute and deliver all bonds required for the protection of the Owner against the
claims of every person whomsoever and against the claims of all persons resulting from
the acts or act, or the omissions or defaults of the contractor, in such amounts as may be
required by the Owner. Such bonds to be executed and approved prior to the execution
of said contract by the Owner.
Upon the failure of the bidder to execute said bonds, or any of them, and said contract
within said ten (10) days after the same is awarded, (s)he will be considered to have
abandoned said bid, and the Owner may re -let the same. By reason of the uncertainty
of the market prices of material and labor, and it being impracticable and extremely
difficult to fix the amount of damages and expenses which the Owner would be put to
by reason of said bidder's failure to execute said bonds and contracts within said ten (10)
days, the proposal guaranty accompanying the bid shall be the agreed amount of
damages which the Owner will suffer by reason of such failure upon the part of the
bidder, and shall thereupon immediately be forfeited to the Owner. The filing of a bid
under these instructions will be considered as an acceptance of this provision.
103.06 - PRELIMINARY MATTERS: Before starting construction, the Contractor shall
carefully study and compare the Project Documents and check and verify pertinent
figures therein and all applicable field measurements. Contractor shall promptly report
in writing to the Department any conflict, error, ambiguity, or discrepancy which the
Contractor may discover and shall obtain written interpretation or clarification from the
Department before proceeding with any work affected thereby.
With 10 days after the Notice to Proceed, the Contractor shall submit to the Department
for its timely review:
1. A preliminary progress schedule indicating the times (number of days or dates)
for starting and completing the various stages of the Work, including any
Milestones specified in the Project Documents;
2. A preliminary schedule of Shop Drawings and Sample submittals which will list
each required submittal and the times for submitting, reviewing, and processing
such submittal; and
3. A preliminary schedule of values for all the Work which includes quantities and
prices of items which, when added together, equal the Contract Price and
subdivides the Work into component parts in sufficient detail to serve as the basis
for progress payment during performance of the Work. Such prices will include
an appropriate amount of overhead and profit applicable to each item of Work.
103.07 - PRECONSTRUCTION CONFERENCE: Within 20 days from Notice to Proceed, but
before any Work at the site is started, a conference attended by the Contractor,
Department, and others as appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules referred in paragraph
103.07, procedures for handling Shop Drawings and other submittals, processing
applications for payment and maintaining required records. At the present time, the
OWNER has not set aside a particular area to store materials and heavy equipment. At
the pre- construction conference, specific locations will be presented by the Contractor
for approval by the Department.
SECTION 104 SCOPE OF WORK
104.01 - INTENT OF CONTRACT: The intent of the contract is to provide for the construction
and completion in every detail of the work described. The contractor shall furnish all
labor, materials, equipment, tools, transportation, and supplies required to complete the
work in accordance with the plans, specifications, and terms of the contract.
104.02 - ALTERATION OF PLANS OR CHARACTER OF WORK: The Owner reserves the right
to make at any time during the progress of the work, such increases or decreases in
quantities an such alterations in the details of construction, including alterations in the
grade or alignment of the road or structure or both, as may be found to be necessary or
desirable. Such increases or decreases and alterations shall not invalidate the contract
nor release the surety, and the contractor agrees to accept the work as altered, the
same as if it had been a part of the original contract.
All claims, disputes and other matters in question between Owner and Contractor arising
out of, or relating to, the Project Documents or the breach thereof are not subject to
arbitration. The Owner will be the sole judge in all claims and disputes.
104.03 - EXTRA WORK: The contractor shall perform unforeseen work, for which there is
no price included in the contract, whenever it is deemed necessary or desirable in order
to complete fully the work as contemplated. Such work shall be performed in
accordance with the specifications as directed in writing by the Department, and will be
paid for as provided under extra or force account work.
104.04 - MAINTENANCE OF TRAFFIC: The project, while undergoing improvements, shall
be kept open to all traffic by the contractor unless approved otherwise in writing by the
Department. Temporary traffic control devices shall be furnished and maintained by the
contractor. Methods of traffic control, including a traffic control plan, shall be submitted
by the Contractor for approval before construction activities begin. All traffic control
devices shall conform to the most recent Manual for Uniform Traffic Control Devices
(MUTCD).
104.05 - REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS: All materials,
structures, or obstructions found on the project which are not to remain in place or which
are not to be used in the new construction shall be carefully dismantled and salvageable
materials stored in accessible locations as directed by the Department. Unless specified
on the plans or in the proposal, this work will not be paid for separately but will be
included in the price bid for other items. Unless otherwise shown, materials not
considered salvageable for use by the Owner or not incorporated in the work shall
become the property of the contractor, and shall be removed from the work site in a
timely manner and disposed of by him /her.
104.06 - SITE MAINTENANCE: The work site shall be kept free from construction debris. At
the end of each work shift, the site shall be policed for objectionable debris which could
be deposited off site by wind or storm runoff. Other materials for use in the construction
of the project shall be maintained in orderly storage and protected from elements which
could hinder incorporation into the work.
104.07 - CONTROL OF STORM RUNOFF: The contractor shall take preventive measures to
minimize polluted runoff from the work site. Pollution includes, but is not limited to, silt or
mud from disturbed area, construction debris, any petroleum products, or other
objectionable materials. The contractor shall correct immediately any violation of this
paragraph under current state and local ordinances. Failure to comply may result in shut
down of all work as directed by the Department.
104.08 - FINAL CLEAN UP: Upon completion of the work and before acceptance and
final payment will be made, the contractor shall remove from the right -of -way all
machinery, equipment, surplus and discarded materials, rubbish, temporary structures
and stumps or portions of trees. Contractor shall cut all brush and weeds within the limits
of the right -of -way and shall leave the project and borrow pits in a neat condition.
Material, cleared from the right -of -way will not be considered as having been disposed
of satisfactorily. The contractor shall leave any areas or slopes, where any work is
performed, in a neat and workmanlike condition. Contractor shall repair at their own
expense and to the satisfaction of the Department, any areas, slopes, or turfing that have
been damaged by the Contractor operations.
SECTION 105 CONTROL OF WORK
105.01 - AUTHORITY OF THE CONTRACTOR: The Contractor shall supervise, inspect, and
direct the Work competently as efficiently devoting such attention thereto and applying
such skills and expertise as may be necessary to perform the Work in accordance with
the Project Documents. Contractor shall be responsible to see that the completed Work
complies accurately with the Project Documents.
105.02 - AUTHORITY OF THE DEPARTMENT: The Department's status during construction is
to assist the Owner in answering questions which may be brought forth by the Contractor
during construction. However, final decisions will be made by the Owner. The
Department will decide all questions which may arise as to the quality and acceptability
of materials furnished and work performed and as to the rate of progress of the work; all
questions which may arise as to the interpretation of the plans and specifications; all
questions as the acceptable fulfillment of the contract on the part of the contractor. The
Department will have the authority to suspend or change the sequence of work wholly
or in part due to the failure of the contractor to correct conditions unsafe for the workmen
or the general public; for failure to carry out provisions of the contract; for failure to carry
out orders; for such periods as deemed necessary due to the unsuitable weather; for
conditions considered unsuitable for prosecution of the work or for any other condition
or reason deemed to be in the public interest. If the contractor ignores the authority of
the Department under subsection 105.01, the Department may withhold partial
payments due the contractor upon due notice in writing.
Any notice to any Contractor from the Owner relative to any part of this Contract shall
be in writing and considered delivered and the service thereof completed, when said
notice is posted, by certified or registered mail, to the said Contractor at his /her last given
address, or delivered in person to said Contractor or his /her authorized representative on
the work.
105.03 - PLANS AND WORKING DRAWINGS: The Owner shall furnish the Contractor with
three (3) sets of Plans and Specifications at no cost to the Contractor. If additional sets
are required, the Contractor will be required to pay the Owner nineteen dollars and zero
cents ($19.00) for each additional set. Plans will show details of all structures, lines, grades,
typical cross sections of the roadway, location and design of all structures. The
contractor shall keep one set of plans available on the work at all times. The plans will
be supplemented by such working drawings as are necessary to adequately control the
work. Working drawings for structures shall be furnished by the contractor and shall
consist of such detailed plans as may be required to adequately control the work and
are not included in the plans furnished by the Owner. They shall include stress sheets,
shop drawings, erection plans, false -work plans, cofferdam plans, bending diagrams for
reinforcing steel or any other supplementary plans or similar data required of the
contractor. All work drawings must be approved by the Department and such approval
shall not operate to relieve the contractor of any of his /her responsibility under the
contract for the successful completion of the work. The contract price will include the
cost of furnishing all working drawings.
After the Awarding of Contract and prior to the Pre - Construction Conference, the
Contractor shall furnish copies of each submittal required, along with a list of all
subcontractors, telephone numbers, addresses, etc. Exceptions will be made on an
individual basis concerning submittal time frames if manufacturer needs additional time.
Generally, Notice to Proceed will be issued once the City Attorney has approved the
contract and all bond, and the submittals and list of subcontractors have been
submitted.
105.04 - CONFORMITY WITH PLANS AND SPECIFICATIONS: All work performed and all
materials furnished shall be in reasonable close conformity with the lines, grades, cross
sections dimensions and material requirements, including tolerances, shown on the plans
or indicated in the specifications.
In the event the Department finds the materials or the finished product in which the
materials are used or the work performed are not in reasonable close conformity with the
plans and specifications and have resulted in an inferior or unsatisfactory product, the
work or materials shall be removed and replaced or otherwise corrected by and at the
expense of the contractor.
105.05 - COORDINATION OF PLANS SPECIFICATIONS SUPPLEMENTAL SPECIFICA -TIONS
AND SPECIAL PROVISIONS: These specifications, the supplemental specifications, the
plans, special provisions, and all supplementary documents are essential parts of the
contract, and a requirement occurring in one is as binding as though occurring in all.
They are intended to be complimentary and to describe and provide for a complete
work.
The contractor shall take no advantage of any apparent error or omission in the plans or
specifications. In the event the contractor discovers such an error or omission, they shall
immediately notify the Department. The Department will then make such corrections
and interpretations as may be deemed necessary for fulfilling the intent of the plans and
specifications.
105.06 - COOPERATION BY CONTRACTOR: The contractor shall give the work the constant
attention necessary to facilitate the progress thereof, and shall cooperate with the
Department, his /her inspectors, and other contractors in every way possible.
The contractor shall have on the work at all times, as his /her agent, a competent
superintendent capable of reading and thoroughly understanding the plans and
specifications and thoroughly experienced in the type of work being performed, who
shall receive instructions from the Department or his /her authorized representatives. The
superintendent shall have full authority to execute order or directions of the Department
without delay, and to promptly supply such materials, equipment, tools, labor, and
incidentals as may be required. Such superintendence shall be furnished irrespective of
the amount of work sublet.
105.07 - PROTECTION OF PROPERTY: The protection of City, State and Government
monuments, street signs and other City property is of prime importance, and if the same
be damaged, destroyed, or removed, they shall be repaired, replaced, or paid for by
the contractor. Disturbance to this property must first be approved by the agency which
controls it.
At places where the contractor's operations are adjacent to the plant of railway,
telegraph, telephone, electric, gas water, sanitary sewers, or storm sewers, damage to
which might result in expense, loss, or inconvenience, work shall not be commenced until
all arrangements for relocation or revisions have been made.
The Owner has attempted to locate all storm sewers, culverts, and buried telephone or
electrical conduits, sanitary sewers, water mains, and gas mains that might interfere with
the construction of this project. The contractor shall cooperate with the owners of any
underground or overhead utility lines in their removal and rearrangement operations in
order that these operations may progress in a reasonable manner and duplication or
rearrangement work may be reduced to a minimum and that services rendered by those
parties will not be unnecessarily interrupted. The revision and crossings of the various
types of lines shall be made as follows:
A. Storm sewers and culverts may be removed at the time of crossing or may be
adequately braced and held in position while the pipe is placed beneath them. If the
storm sewer or culvert is removed, it shall be replaced with pipe of the same type and
size as that removed and it shall be rejoined to the undisturbed line with a joint satisfactory
to the Department. Backfill over and around the storm sewer shall be thoroughly
compacted in order that no settlement will occur. The revision and crossing shown on
the drawing shall be at the expense of the contractor. In the event line other than those
shown on the drawing are encountered and fall within the standard trench limit or within
12" of subgrade and, in the opinion of the Department, revision of the line is necessary for
the construction of the project, the contractor will be reimbursed for the extra cost of the
crossings or revision, provided the Owner can't fix the problems themselves.
B. All overhead and buried telephone and electrical conduits and gas mains to
be revised or crossed by the construction of this project shall be protected in accordance
with the directions of the utility company owning the conduits and /or mains. The
contractor shall notify the companies and obtain their permission before making any
crossing or revisions. In the event lines other than those shown on the drawing are
encountered, and in the opinion of the Department revision of the line is necessary for
the construction of the project, the contractor will be reimbursed for the extra cost of the
crossing or revision provided the utility can't fix the problem themselves. Any overhead
cables, buried cables, conduits or gas mains shown on plans and damaged by the
contractor shall be repaired, at his /her expense, to the satisfaction of the Department
and of the utility.
C. The contractor shall not remove any water or sanitary sewer lines except as
directed by the Department or as required by the drawing and specification, and shall
adequately brace and protect them from any damage during construction. Any existing
water main or sewer main or lateral damaged by the contractor's operations will be
repaired by the Owner's maintenance forces at the Contractor's expense. The
contractor shall notify the Owner immediately after damaging any pipe.
The location of utility lines serving individual properties may or may not be shown on the
drawings. All plans have been reviewed by the respective owners of the utilities and
locations have been verified. If service lines are encountered which are not shown on
the plans or are shown in the wrong location, the contractor shall notify the owner of the
utility and the Department for relocation of the lines. If the lines are broken or damaged
from construction and were not shown or were shown erroneously, the contractor shall
not be liable for the cost of repairs.
105.08 - COOPERATION BETWEEN CONTRACTORS: The Owner reserves the right at any
time to contract for and perform other or additional work on or near the work covered
by the contract.
When separate contracts are let within the limits of any one project, each contractor
shall conduct his /her work so as to minimize interference with the progress or completion
of the work being performed by other contractors. Contractors working on the same
project shall cooperate with each other as directed.
Each contractor involved shall assume liability, financial or otherwise, in connection with
his /her contract and shall protect and save harmless the Owner from any and all
damages or claims that may arise because of inconvenience, delay or loss experienced
by him /her because of the presence and operations of other contractors working within
the limits of the some project.
The contractor shall arrange his /her work and shall place and dispose of the materials
being used so as to minimize interference with the operations of the other contractors
within the limits of the same project. The Contractor shall join their work with that of the
others in acceptable manner and shall perform it in proper sequence to that of the
others.
105.09 - CONSTRUCTION STAKES, LINES AND GRADES: Unless otherwise shown on plans,
the Contractor will set vertical and horizontal controls provided by the Consultant or
Department or shown on the construction plans. It shall be the responsibility of the
contractor to confer with the Consultant or Department and satisfy himself /herself as to
the accuracy of the controls prior to the commencement of work.
It shall also be the responsibility of the contractor to protect and maintain those controls
and to replace immediately any or all controls should they be damaged or altered in
any manner.
From these vertical and horizontal controls, the contractor shall layout and stake the
project for construction in accordance to construction plans and in a manner that is
satisfactory to the Department prior to setting forms or batterboards. From these vertical
and horizontal controls, the contractor shall provide competent personnel to layout the
project in accordance to construction plans.
105.10 - INSPECTION OF WORK: Inspectors employed by the Department will be
authorized to inspect all work done and materials furnished. Such inspection may extend
to all or any part of the work and to the preparation, fabrication or manufacture of the
materials to be used. The inspector will not be authorized to alter or waive the provisions
of the contract.
All materials and each part or detail of the work shall be subject to inspection by the
Department. The Department shall be allowed access to all parts of the work and shall
be furnished with such information and assistance by the contractor as is required to
make a complete and detailed inspection.
If the Department requests it, the contractor, at any time before acceptance of the work,
shall remove or uncover such portions of the finished work as may be directed. After
examination, the contractor shall restore said portions of the work to the standard
required by the specifications. Should the work thus exposed or examined prove
acceptable, the uncovering, or removing, and the replacing of the covering or making
good of the parts removed will be paid for as extra work, but should the work so exposed
or examined prove unacceptable, the uncovering or removing, and the replacing of
covering or making good of the parts removed, will be at the contractor's expense.
Any work done or materials used without inspection by the Owner's representative may
be ordered removed and replaced at the Contractor's expense. The Department must
be notified within twenty -four (24) hours before placement of any concrete, asphalt, or
pipe and an inspector must be present during these operations. The inspector will not be
authorized to issue instructions contrary to the plans and specifications, or to act as
foreman for the contractor.
105.11 - REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK: All work which does
not conform to the requirements of the contract will be considered as unacceptable.
Unacceptable work, whether the results of poor workmanship, use of defective materials,
damage through carelessness, or any other cause, shall be removed immediately and
replaced in an acceptable manner.
Work done contrary to the instructions of the Department, work done beyond the line
shown on the plans, or any extra work done without authority, will be considered as
unauthorized and will not be paid for under the provisions of the contract. Work so done
may be ordered removed or replaced at the contractor's expense.
Upon failure on the part of the contractor to comply with any order of the Department
made under the provisions of this article, the Department will have the authority to cause
unacceptable work to be remedied or removed and replaced and unauthorized work
to be removed and to deduct the costs from any monies due or to become due to the
contractor.
Any defects in workmanship or materials will be corrected by the CONTRACTOR at no
additional expense to the OWNER. Any and all adjustments called to the attention of
the CONTRACTOR by the OWNER will be corrected within a reasonable time. The term
"reasonable" will be interpreted as being within thirty (30) days or less, unless the OWNER
agrees to extend this schedule.
105.12 - LOAD RESTRICTIONS: The contractor shall comply with all legal load restrictions
in the hauling of materials on public roads beyond the limits of the project. A special
permit will not relieve the contractor of liability for damage which may result from the
moving of equipment.
The operation of equipment of such weight or so loaded as to cause damage to
structures or the roadway or to any other type of construction will not be permitted.
Hauling of materials over the base course or surface course under construction shall be
limited as directed. No loads will be permitted on a concrete pavement, base or
structure before the expiration of the curing period. The contractor shall be responsible
for all damage done by his /her hauling equipment.
105.13 -MAINTENANCE DURING CONSTRUCTION: The contractor shall maintain the work
during construction and until the project is accepted. This maintenance shall constitute
continuous and effective work prosecuted day by day, with adequate equipment and
forces to the end that the construction will be kept in satisfactory condition at all times.
All cost of maintenance work during construction and before the project is accepted
shall be included in the unit prices bid on the various pay items and the contractor will
not be paid an additional amount for such work.
105.14 - FAILURE TO MAINTAIN CONSTRUCTION: If the contractor, at any time, fails to
comply with the provisions of maintenance, the Department will immediately notify the
contractor of such non - compliance. If the contractor fails to remedy unsatisfactory
maintenance within 24 hours after receipt of such notice, the Department may
immediately proceed to maintain the project, and the entire cost of this maintenance
will be deducted from monies due or to become due the contractor on this contract.
105.15 - FINAL INSPECTION: Upon due notice from the contractor of presumptive
completion of the entire project, the Department will make an inspection with the
contractor. If all construction provided for and contemplated by the contract is found
completed to his /her satisfaction, that inspection shall constitute the final inspection.
If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory,
the Department will give the contractor the necessary instructions for correction of same,
and the contractor shall immediately comply with and execute such instructions. Upon
correction of the work, another inspection will be made which shall constitute the final
inspection provided the work has been satisfactorily completed.
SECTION 106 CONTROL OF MATERIAL
106.01 - SOURCE OF SUPPLY AND QUALITY REQUIREMENTS: The materials used on the work
shall meet all quality requirements of the contract. In order to expedite the inspection
and testing of materials, the contractor shall notify the Department of his /her proposed
sources of materials prior to delivery. At the option of the Department, materials may be
approved at the source of supply before delivery is started. If it is found after trial that
sources of supply for previously approved materials do not produce specified products,
the contractor shall furnish materials from other sources.
106.02 - SAMPLES. TESTS, CITED SPECIFICATIONS: All materials will be inspected, tested and
accepted by the Department before incorporation in the work. Any work in which
untested and unaccepted materials are used without approval or written permission of
the Department shall be performed at the contractor's risk and may be considered as
unacceptable and unauthorized.
All materials required to be tested by a private laboratory shall be approved by the
Department. Reports of such tests shall be forwarded to the Department.
106.03 - PLANT INSPECTION: The Department may undertake the inspection of materials
at the source. In the event plant inspection is undertaken, the following conditions shall
be met:
A. The Department shall have the cooperation and assistance of the contractor
and the producer with whom (s)he has contracted for materials.
B. The Department shall have full entry at all times to such parts of the plant as
may concern the manufacture or production of the materials being furnished.
C. If required by the Department, the contractor shall arrange for an approved
building for the use of the inspector, such building to be located conveniently near the
plant, independent of any building used by the material producer.
D. Adequate safety measures shall be provided and maintained.
It is understood that the Owner reserves the right to retest all materials prior to
incorporation into the work which have been tested and accepted at the source of
supply after the some have been developed and to reject all materials which, when
retested, do not meet the requirements of these specifications.
106.04 - UNACCEPTABLE MATERIALS: All materials not conforming to the requirements of
the specification shall be considered as unacceptable and all such materials will be
rejected and shall be removed immediately from the site of the work unless otherwise
instructed by the Department. No rejected material, the defects of which have not been
corrected, shall be used until approval has been given.
SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
107.01 - LAWS TO BE OBSERVED: The contractor shall keep fully informed of all Federal
and State laws, all local laws, ordinances, and regulations and all orders and decrees of
bodies or tribunals having any jurisdiction or authority, which in any manner may affect
those engaged or employed on the work, or which in any way affect the conduct of the
work. The Contractor shall at all times observe and comply with all such laws, ordinances,
regulations, orders and decrees; and shall protect and indemnify the Owner and its
representatives against any claim or liability arising from or based on the violation of any
such law, ordinance, regulations, order, or decree, whether by himself /herself or his /her
employees.
107.02 - PATENTED DEVICES MATERIALS AND PROCESSES: If the contractor employs any
design, device, material, or process covered by letters of patent or copyright, they shall
provide for such use by suitable legal agreement with the patentee or owner. The
contractor and the surety shall indemnify and save harmless the Owner, any affected
third party from any and all claims for infringement by reason of the use of any such
patented design, device, material, or process, or any trademark or copyright, and shall
indemnify the Owner for any costs, expenses, and damages which it may be obliged to
pay by reason of any infringement, at any time during the prosecution or after the
completion of the work.
107.03 - PUBLIC CONVENIENCE AND SAFETY: The contractor shall comply with all
applicable Federal, State, and local laws governing safety, health and sanitation. The
contractor shall provide all safeguards, safety devices and protective equipment and
take any other needed actions, on his /her own responsibility or as the Department may
determine, reasonably necessary to protect property in connection with the
performance of the work covered by the contract.
Materials stored upon the roadway shall be so placed and the work shall, at all times, be
so conducted as to cause no greater obstruction to the traveling public than is
considered necessary by the Department.
107.04 - USE OF EXPLOSIVES: When the use of explosives is necessary for the prosecution
of the work, the contractor shall exercise the utmost care not to endanger life or property,
including new work. The contractor shall be responsible for all damage resulting from the
use of explosives.
In handling explosives used during the construction of the project, the contractor shall
adhere to all Federal and State laws and City ordinances regulating the purchase,
transportation, storage, handling and use of such explosives. No blasting shall be done
without the approval of the Department.
107.05 - CONTRACTOR'S RESPONSIBILITY FOR WORK: The performance of the contract
and the work, as well as the full dollar amount of the contract, is at the risk of the
contractor. The contractor shall take all responsibility of the work, and shall bear all losses
from any cause whatsoever, including, but not limited to, losses resulting because of the
amount or character of the work, or because the nature of the land in or on which the
work is done is different from what is assumed or expected, or on account of the weather,
floods, fire, windstorm, or other actions of the elements, or any cause or causes
whatsoever for which the Owner is not responsible.
If the work or any part or parts thereof is destroyed or damaged from any of the aforesaid
causes prior to Owner's final acceptance of same, the contractor, at contractor's
expense, shall restore the same or remedy the damage.
The Consultant or Department will provide necessary datum to begin construction,
however, it shall be the responsibility of the Contractor to provide all grade stakes, etc.
along with any surveying needed to produce a finished product. The Contractor will be
responsible for supplying copies of all field notes gathered in determining grades, etc.
during the construction of this project.
SECTION 108 PROSECUTION AND PROGRESS
108.01 - ASSIGNMENT AND SUBLETTING OF CONTRACT:
A. The contractor shall give his /her personal attention to the fulfillment of this
contract, and shall not let, assign, or transfer it or his /his right, title, or interest in or to the
same or any part thereof, by attorney or otherwise, or sublet any part of the work to any
other person without the previous consent of the Owner in writing.
B. Should any subcontractor fail to perform in a satisfactory manner the work
undertaken by him /her, his /her subcontract shall be immediately terminated by the
contractor upon notice from the Owner. The contractor shall be as fully responsible to
the Owner for the acts and omissions of persons directly employed by them, as (s)he is
for the acts and omissions of persons directly employed by him /her. Nothing contained
in these Project Documents shall create any contractual relationship between any
subcontractor and the Owner.
108.02 - TIME AND PROGRESS:
A. The work shall be commenced on or after the date of the Notice to Proceed
from the Owner. The contractor agrees that the work shall be prosecuted regularly,
diligently, and uninterruptedly at a uniform rate of progress so as to insure completion
within the number of days stated in the Bid Proposal. It is expressly understood and
agreed that the said time for the completion of the work described herein is a reasonable
time for the completion of the same.
B. The contractor is required to furnish the Department with progress schedules,
in a format approved by the Department, setting forth in detail the procedure (s)he
proposes to follow, and giving the dates on which (s)he expects to start and to complete
separate portions of the work. If at any time, in the opinion of the Department, proper
progress is not being maintained, such changes shall be made in the schedule of
operations which will satisfy the Department that the work will be completed within the
period stated in the proposal.
C. Except as otherwise required for the safety or protection of persons or the Work
or property at the site or adjacent thereto, and except as otherwise stated in the Project
Documents, all Work shall be performed during regularworking hours, and the Contractor
will not permit overtime work or the performance of Work on Saturday, Sunday, or any
legal holiday without the Owner's written consent (which will not be unreasonably
withheld) given after prior written notice to the Engineer. The Contractor is to
compensate the Owner for any charges incurred by the Owner for the inspection of the
Work outside regular business hours.
D. If the contractor shall fail to complete the work within the specified, then the
contractor agrees to pay to the Owner, not as penalty, but as liquidated damages for
such breach of contract, the sum specified in the Agreement for each day of failure to
complete the work after the specified time set forth in the Bid Proposal. The said amount
is fixed and agreed upon because of the impracticability and extreme difficulty of fixing
and ascertaining the actual damage the Owner would in such event sustain.
E. It is further agreed that time is of the essence of each and every portion of this
contract and the specifications wherein a definite and certain time is fixed for the
performance of any act whatsoever; and where under the contract an allowance of
additional time for the completion of any work is made, the new time fixed by such
extension shall be of the essence of this contract.
F. Should the contractor be delayed in the final completion of the work by any
act or neglect of the Owner or Consultant, or of any employees of either, or by strikes,
injunctions, fire, or other cause or causes outside of and beyond the control of the
contractor and which, in the opinion of the Department, could have been neither
anticipated nor avoided, then an extension of time sufficient to compensate for the
delay, as determined by the Department, shall be granted by the Owner, provided,
however, that the contractor shall give the Owner and the Department notice in writing
of the cause of the delay in each case within ten (10) days after the delay.
G. Time extensions may be granted for unusually inclement weather occurring
more often than anticipated at the project location during any given month.
Anticipated weather delays (days) included in the contract period at time of award are
based on the following:
Monthly Anticipated Adverse Weather Delay
Work Days Based on Five (5) Day Work Week
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
10 6 8 6 6 4 3 3 6 5 3 6
The contractor's progress schedule must include these anticipated adverse weather
delays in all weather - dependent activities. Time extensions to the contract period will be
granted only under the following conditions.
The delay has been documented with Owner in a timely manner and
Owner agrees that the delay actually occurred, and
2. The delay affects work in progress and actually causes a delay in project
performance.
H. Extensions of time will not be granted for delays caused by inadequate or
insufficient construction force or the failure of the contractor to place orders for
equipment or materials a sufficient time in advance to insure delivery when needed. Any
extension of time by the Owner shall not release the contractor and surety herein from
the payment of liquidated damages for a period of time not included in the original
contract or the time extension as herein provided.
I. Failure to complete project within specified time, as set forth in this contract,
may be grounds for disqualification for future consideration for contracts with the City of
Owasso.
108.03 - CHARACTER OF WORKERS, METHODS AND EQUIPMENT: The contractor shall at all
times employ sufficient labor and equipment for prosecuting the several classes of work
to full completion in the manner and time required by these specifications.
All workers shall have sufficient skill and experience to perform properly the work assigned
to them. Workers engaged in special work or skilled work shall have sufficient experiences
in such work and in the operation of the equipment required to perform all work properly
and satisfactorily.
Any person employed by the contractor or by any subcontractor who does not perform
his /her work in a proper and skillful manner or is intemperate or disorderly shall, at the
written request of the Department, be removed forthwith by the contractor or
subcontractor employing such person, and shall not be employed again in any portion
of the work without the approval of the Department.
Should the contractor fail to remove such person or persons as required above, or fail to
furnish suitable and sufficient personnel for the proper prosecution of the work, the
Department may suspend the work by written notice until such orders are complied with.
108.04 - LIMITATION OF OPERATIONS: The contractor shall conduct the work at all times
in such a manner and sequence to the satisfaction of the Department. (S)he shall not
open up work to the prejudice or detriment of work already started. The Department
may require the contractor to finish a section on which work is in progress before work is
started on any additional sections if the opening of such section is in the public interest
or welfare.
108.05 - CONTRACTOR'S RIGHT OF PROTEST: If the contractor considers any work
demanded of him /her to be outside the requirements of the contract, or considers any
record or ruling of the Department to be unfair, (s)he shall, immediately upon such work
being demanded or such record or ruling being made, ask for written instructions or
decisions, whereupon (s)he shall proceed without delay to perform the work or to
conform to the record or ruling. Within ten (10) days after the date of receipt of written
instructions or decisions, (s)he shall file a written protest with the Department, stating
clearly and in detail the basis of his /her objections. Except for such protest and objections
as are made of record in the manner herein specified and within the time stated, the
records, rulings, instructions, or decision of the Department shall be final and conclusive.
108.06 - RIGHT OF OWNER TO TERMINATE CONTRACT: If the work to be done under this
contract shall be abandoned by the contractor, or if this contract shall be assigned by
him /her otherwise than as herein provided, or if the contractor should be adjudged as
bankrupt, or if a general assignment of his /her assets be made for the benefit of his
creditors, or a receiver should be appointed for the contractor or any of his /her property;
or if at any time the Department shall certify in writing that the performance of the work
under this contract is being unnecessarily delayed, or that the contractor is willfully
violating any of the conditions or covenants of this contract or the specifications
therefore, or that (s)he is executing the same in bad faith or otherwise not in accordance
with the terms of this contract; or if the work be not substantially completed within the
time named for its completion, or within the time to which such completion date may be
extended then the Owner may serve written notice upon the contractor and his /her
surety of said Owner's intention to terminate this contract, and unless within five (5) days
after the serving of such notice upon the contractor a satisfactory arrangement is made
for the continuance thereof, this contract shall cease and terminate. In the event of such
termination, the Owner shall immediately serve notice thereof upon the surety and
contractor, and the surety shall have the right to take over and complete the work,
provided, however, that if the surety does not commence performance thereof within
thirty (30) days from the date of said notice of termination, the Owner may take over the
work and prosecute some to completion, by contract, or otherwise for the account and
at the expense of the contractor; and the contractor and his /her surety shall be liable to
the Owner for any and all cost sustained by the Owner by reason of such prosecution
and completion. In such event the Owner may take possession of, and utilize in
completing the work, all such materials, equipment, tools and plant as may be on the
site of the work and necessary therefore.
108.07 - FINAL ACCEPTANCE: It shall be the duty of the Department to determine when
the work is completed and the contract fulfilled, and to recommend its acceptance by
the Owner. The work therein specified to be performed shall not be considered finally
accepted until all the work has been accepted by the City of Owasso and /or Owasso
Public Works Authority.
SECTION 109 MEASUREMENT AND PAYMENT
109.01 - PAYMENT FOR CONTRACTOR'S PLANT AND MISCELLANEOUS ITEMS: For providing
plant, tools, and equipment; for furnishing, erecting, maintaining and removing the
construction plant, construction roads, camps, sanitary convenience, temporary water
supply, de- watering and other temporary works; for furnishing insurance, bonds,
drawings, records, payment of fees, defense of suits, and any all incidental requirements,
whether or not they are enumerated in this paragraph, the contractor shall receive no
direct payment. Compensation for them shall be considered as having been included
in the prices stipulated for the bid items, the payment forwhich, calculated in the manner
specified, shall constitute the total compensation due contractor for the performance of
this contract.
109.02 - METHOD OF MEASUREMENT AND BASIS OF PAYMENT FOR ITEMS OF WORK: The
contractor shall be paid for all work performed under the contract based on the
Department's computations of as -built quantities and the contractor's unit price or lump
sum per bid item. This payment shall be full compensation for furnishing all supplies,
materials, tools, equipment, transportation, and labor required to do the work; for all loss
or damage, because of the nature of the work, from the action of the elements or from
any unforeseen obstruction or difficulty which may be encountered in the prosecution of
the work, and for which payment is not specifically provided; for all expenses incurred by
or because of any suspension or discontinuance of all or any part of the work; and for
well and faithfully completing the work according to the Project Documents and the
requirements of the Department.
109.03- PAYMENTS: If the work is progressing in a satisfactory manner the Contractor shall
prepare an estimate for partial payment per EXHIBIT "B" deadlines of the work completed,
provided said payment is not less than $1,000.00. An estimate for partial payment shall
include items actually incorporated in the work. The Owner will retain ten percent (10 %)
of the amount due until in excess of fifty percent (50 %) of the contract has been
completed. At that time, Owner shall pay an amount sufficient to increase total
payments to ninety -five (95 %) of the contract price until the final completion and
acceptance of all work included in this contract. Partial payment does not constitute
acceptance of that portion of the work.
Owner has complete responsibility for payment review and approval during construction.
The Contractor's application for progress payments will be made on the form presented
as Exhibit "A" of the Agreement and they will be submitted in accordance with the
payment schedule presented as Exhibit "B" of the Agreement.
When the work has been completed, the Department shall carefully measure and
determine the as -built quantities of each class of work as shown in the schedule of bid
items and such extra work performed by order of the Department. The aggregate cost
of the work done and the materials furnished shall constitute the amount due for the
completed work. All prior estimates and payments shall be subject to correction in the
final estimate and payment.
109A4 - EXTRA WORK:
A. When and as ordered in writing by the Department, the contractor shall do
any work or furnish any materials which cannot reasonably be classified under any of the
items of the contract but which may be found necessary in order to carry out and
complete more fully the work herein agreed to be done and performed; and the
contractor hereby agrees to accept, as full compensation for such extra work, lump sums
or unit prices agreed upon in writing before said work is commenced.
B. Whenever, in the judgment of the Department, it is impracticable because of
the nature of the work or for any other reason to agree upon lump sums or unit prices,
the extra work and materials shall be paid for at actual necessary cost as determined by
the Department, plus fifteen percent (15 %), which fifteen percent (15 %) is hereby
understood and agreed to include all cost of general superintendence, general
expense, overhead, and profit. The actual necessary cost will include expenditures for
material, labor, foremen, insurance, bond premiums, social security, and supplies
furnished by the contractor, and a rental allowance for equipment, where required, to
be agreed upon in writing before the work is begun, but will, in no case, include any
allowance for office expense, general superintendence or other general expense.
C. The contractor shall, on or before the tenth day of the month succeeding that
in which any extra work shall have been performed, file with the Department an account
giving the itemized cost of such extra work, and shall give the Department access to all
accounts, bills, and vouchers relating thereto. In case the contractor fails to file, within
the time above mentioned, such accounts for extra work, (s) he will be deemed to have
performed such extra work without charge and shall be entitled to no compensation
therefore.
D. The contractor shall file with the Department, certified lists in duplicate, of any
equipment and the schedule of pay rates for common and semi - skilled labor and
operators of various classes which are intended to be used in performing the work
covered by this contract. These rates shall be subject to approval of the Department for
computation of extra work as mentioned above, however, if the contractor fails to file
these lists with the Department prior to starting any work covered by contract, then the
Department's computations shall be based on average wages and rates paid on City
work.
109.05 - PAYMENT OR ACCEPTANCE NOT A WAIVER BY OWNER: Neither acceptance by
the Owner or the Department, or any employee of either, nor any order by the Owner
for payment of money, or the payment thereof, nor any taking of possession by Owner,
nor the granting of any extension of time, shall operate as a waiver of any rights or powers
of Owner hereunder, and in the event that after the work hereunder has been accepted
and final payment made, it should be discovered that any part of this contract has not
been fully performed or has been done in a faulty or improper manner, the contractor
shall immediately remedy such defect, or in the event of neglect to do so within a
reasonable time after notice thereof, shall be liable for the damage caused thereby, as
Owner may elect. The acceptance of the work or final payment therefore shall be no
bar to suit against the contractor or surety, or both.
109.06 - CONTRACTOR'S OBLIGATION AFTER ACCEPTANCE: Contractor further agrees
without cost other than is specially provided for in this contract, at any and all times during
the guaranty period following the completion and final acceptance of the work
embraced in this contract, without notice from Owner, to refill all trenches or ditches that
may sink or settle; and to repair all breaks or failures that may occur in the construction
work due to defective material or workmanship; and to indemnify, save harmless and
defend Owner from any and all suits and actions of every description brought against
the Owner for, or on account of injuries or damages alleged to have been received or
sustained by any party or parties by reason of, or arising out of the failure of contractor
to refill all trenches or ditches; and to repair all breaks or failures of said construction work,
which said injuries or damages are alleged to have been received during the guaranty
period from the final acceptance of the work hereunder; and to pay any and all
judgments that might be rendered against the Owner in any suits and actions, together
with such expenses or attorney's fees expended or incurred by the Owner in the defense
thereof.
IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate.
One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All
portions of the Project Documents have been signed by OWNER and CONTRACTOR.
This Agreement will be effective on March 15, 2022.
OWNER: CONTRACTOR:
By
Bill Bush, Mayor
(SEAL)
ATTEST:
Juliann M. Stevens, City Clerk
APPROVED AS TO FORM & CONTENT:
Julie Trout Lombardi, City Attorney
Address for giving notices:
200 South Main Street
Owasso OK, 74055
(SEAL)
Title
TO: The Honorable Mayor and City Council
FROM: Larry Langford
Director of Recreation & Culture
SUBJECT: Centennial Park Mowing Contract Approval
DATE: March 11, 2022
BACKGROUND:
The City of Owasso contracts mowing services for Centennial Park. The current contract has
ended and now requires a new contract to be established. The mowing season consists of April -
October.
SOLICITATION OF BIDS:
In accordance with local ordinances, a sealed bid process was utilized. The public bid opening
occurred on March 9, 2022, with four (4) contractors submitting bids. A summary of the bids is as
follows:
Contractor
Per Mowing
Season
Turfworx, LLC
$1,025.00
$30,750.00
Champion Lawn & Outdoor Services
$1,350.00
$40,500.00
Wilson Construction & Landscaping
625.00
$18,750.00
Oklahoma Facility Services, LLC
$950.00
$28,500.00
City staff completed their bid evaluation and determined the lowest bid submitted by Wilson
Construction and Landscaping was not a viable option due to unsuccessful completion of the Elm
Creek mowing contract dated 2019. The next lowest bid submitted by Oklahoma Facility Services,
LLC, met the bid requirements and the bidder has performed several mowing projects for the City
of Owasso.
RECOMMENDATION:
Staff recommends awarding the Centennial Park Mowing Contract to Oklahoma Facility Services,
LLC, of Tulsa, Oklahoma, in the amount of $950.00 per mowing, and authorization to execute all
necessary documents.
ATTACHMENT:
Contract
CONTRACT FOR INDEPENDENT SERVICES
PARKS
CONTRACT made this 151h day of March 2022, between Oklahoma Facility Services, LLC, (hereinafter
referred to as "Contractor "), and THE CITY OF OWASSO, an Oklahoma municipality, operating pursuant
to its charter, (hereinafter referred to as "City ").
IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IT IS AGREED BY AND BETWEEN
CONTRACTOR AND CITY AS FOLLOWS, TO -WIT:
SECTION ONE
RELATIONSHIP OF PARTIES
The parties intend that an independent contractor relationship be established by this Contract.
Contractor is not to be considered as an agent or employee of the City for any purpose, nor is
Contractor entitled to any of the benefits.
SECTION TWO
DESCRIPTION OF WORK
The City hereby contracts with Contractor for the mowing of city property, more particularly,
Centennial Park (see attached maps). Such work is to be accomplished once every seven days
beginning on April 1 2022, and continuing through October 15, 2022. Mowing shall be accomplished
between the hours of 8:00 and 5:00 p.m. Monday through Friday. No mowing shall be done on the
weekends (5:00 p.m. Friday to 8:00 a.m. Monday). There shall be no mowing when there is sufficient
moisture to cause the ejected grass clippings to clump, and there shall be no mowing on Ozone Alert
days. The required duties of the Contract will be according to Bid specifications dated February 2020.
The Contractor covenants unto the City that Contractor possesses sufficient equipment capable to
perform the services called for hereunder in a timely manner. It is understood and agreed that the
time of performance, as provided above, is of the essence and that any delay in performance would
be unacceptable and serve as grounds for early termination of this. Contract. Further, it is understood
that any time, and for as many times as City deems appropriate, the City shall have the opportunity to
inspect all work being performed by Contractor, to assure the accuracy thereof for the benefit of City.
SECTION THREE
COMPENSATION
For the work performed under this Contract, the City will pay Contractor the sum of $950.00 per
mowing. Mowing shall be once every seven days, such sum payable on or before thirty (30) days after
Contractor's billing. It is specifically understood that such payment constitutes total compensation
hereunder and that no further compensation shall be provided to the Contractor. It will be the
responsibility of the Contractor to mow within the specified time schedule; to call for an inspection of
work each time it is completed, and to turn in all invoices due by the last day of each month for
payment to be made following the second City Council meeting of the next month.
SECTION FOUR
TERM
The effective date of this Contract shall be on the 1s' day of April 2022, and continue through the 151h
day of October 2022. Additional mowing may be required after October 15th, 2022, depending upon
the actual growing season, and will be at the sole discretion of the City. The City may, for its
convenience, at any time terminate this Contract by serving written notice of such termination upon
the Contractor, as well as providing compensation due for services rendered through the date of
termination.
Contractors awarded contracts in 2022 may be given the option of mowing the same property during
the 2023, and 2024 mowing seasons at the 2022 contract price, should the City decide to continue to
contract out the mowing for those years. If that should occur, contractors will be contacted by the
City and will be required to execute a new contract for each year that he /she wishes to mow the
property. This will be done prior to issuing bid documents, and those properties will not be included in
the bid documents.
SECTION FIVE
ENTIRE CONTRACT
The foregoing represents the entire understanding between the parties. No modification, variation,
change, addition, deletion, or alteration of the relationship of the parties shall be effective unless
agreed to in writing and executed by both parties hereto.
SECTION SIX
CHOICE OF LAW
This Contract shall be construed in accordance with the laws of the State of Oklahoma.
IN WITNESS WHEREOF, the parties hereto have executed this Contract at Owasso, Oklahoma, the day
and year first above written.
THE CITY OF OWASSO, OK ( "CITY ") "CONTRACTOR"
By: Warren Lehr, City Manager
ATTEST: Juliann M. Stevens, City Clerk
APPROVED AS TO FORM AND CONTENT:
Julie Trout Lombardi, City Attorney
By: Please Print
Signature
TO: The Honorable Mayor and City Council
FROM: Earl Farris
Project Administrator
SUBJECT: Acceptance and Authorization for Final Payment to Paragon Contractors LLC,
North 137th East Avenue Service Road Extension Project
DATE: March 11, 2022
BACKGROUND:
In June 2021, City Council approved a construction contract with Paragon Contractors, LLC, in
the amount of $775,991.30 to perform the work of the North 137th East Avenue Service Road
Extension Project. Work within the contract included traffic signal improvements, stormwater
improvements, base preparation and grading, installation of curb and gutter and installation of
a concrete section of roadway for the commercial properties.
In February 2022, all roadway improvements were completed and all standards for acceptance
have been met. A final payment of $32,091.67 results in a final contract amount of $641,833.35,
which is a $134,157.95 contract underrun.
FUNDING:
Funding for the project is available in the Capital Improvements Fund. In addition, the Thiessen
North Investment Group, LLC, will reimburse 50% of the total cost of the roadway construction
project.
RECOMMENDATION:
Staff recommends acceptance of the North 137th East Avenue Service Road Extension Project
and authorization for final payment to Paragon Contractors, LLC, of Tulsa, Oklahoma, in the
amount of $32,091.67.
Final Pay Documents
Site Map
FINAL PAY APPLICATION 40 -300- 195 -54210 PO 20220305
APPLICATION AND CERTIFICATION FOR PAYMENT
OWNER
PROJECT:
PAGE 1 Distribution to:
City of Owosso
North 137th East Avenue Extension
CONTINOATIONPAGES 1 OWNER
200 S Main
TOTALPAGES 2 ARCHITECT
Owasso, 0K 74055
APPLICATION# 7Ret CONSTRUCTION MANAGER
NET CHANGE by Change Order
CONTRACTOR:
APPLICATIONDATE 31],/2022
Paragon Contractors ILC
PERIODENDING
2108 N. 129th E. Ave.
CONTRACTDATE 6/112021
Tulsa, Oklahoma 74116
ARCHPROJECT 4
CMPROIECT4
CONTRACTOR'S APPLICATION FOR PAYMENT
The undersigned Contractor certifies that to the best of the Contractor's knowledge,
Application is made for payment, as shown below, in connection with the Conuct
information and belief the work covered by this Application for Payment has been
Continuation Sheet, is attached.
completed in accordance with the CommetDocuments, that all amounts have been
paid by the Contractors for Work for which previous Certificate for payment wea
issued and payments received from the Owner, and that current payment shown herein is
1. ORIGINAL CONTRACT SUM
775.991.30 CONTRACTOR:
2. NET CHANGE BY CHANGE ORDERS
3. CONTRACT SUM TO DATE (Lin l +/. 2)
Paragon ntmmors LLC
4. TOTAL COMPLETED & STORED TO DATE
$ 641.833.35
By. Date:3/2/22
of Completed Work
StateofOklahuma CoumyofTulsa
Subscribed and sworn to me this 2nd day of Mach, 2022
TOTALRETAINAGE
6. TOTAL EARNED LESS RETAINAGE S 641.833.35
7. LESS PREVIOUS CERTIFICATES FOR
PAYMENT (Line 6 from prior Certificate) $ 609,741.68
S. CURRENT PAYMENT DUE S 32,091.67
9. BALANCE TO FINISH, INCLUDING RETAINAGE $ 134,157.95
CHANGE ORDER SUMMARY
ADDITIONS
DEDUCTIONS
Total change approved in previous months
Total approved this month
TOTALS
NET CHANGE by Change Order
My commission
CERTIFICATE FOR PA
MEGAN BENA142ER
Notary RUML: - State of Oklahoma
Commission Number 15001561
v Crmmisainn Fxpires Feb 17, 2023
In accordance with the Contract Documents, based on on -site observations and the data comprising the
application the Contractor certifies to the Owner that to the best of their knowledge, information and belief
the Work has progressed as indicated the quality of the Work is in accordance with the Contact Documents,
and the Contractor is entitled to payment of the AMOUNT CERTIFIED.
AMOUNT $ 32,091.67
OWNER:
BY Dore: OLD
This Cenifiomeis Amnegmishim The AMOUNT CERTIFIED is payable only to the Contractor named herein.
Issuance, payment and acceptance of payment are without prejudice to my rights of the Owner or Contractor
under this Contact
Contrectorfi Sthed.is of
nmWn
Valum
rvG. ].V Late: 1,4111 2
1f Work This Period
Work Preview Period
Total to Date
ITEM
11'417
QTY
LILNIT PRICfi
SCF@DULE OF
VALUES
AMOUNT
QUANTITY AMOUNT
COMPLETED COMPLETED
THISPMUOD THISPERIOD
QUANTITY
COMPLETED
LASTPERIOD
AMOUNT
COMPLETED
LAST PERIOD
I
QUANTITY
COMPIETED
TO DATE
AMOUNTTO
DAM
%
MATERW,
STORED
AMOUNC
COMPLFTED AND
STORM
ROADWAY
Cleetl & GrubNno
LS
i
a 10 oom
S 13,500,00
0
S
1.00
$ 13,800.00
1
$ 13,500.00
100%
S
S 13,500.00
o ..a...lron
CY
too
s 1$.50
It 1,ass.00
0
3
$
G
$
0%
$ -
$
EadhxrorWU.d...10.d Exesvellon
LS
1
3 40000.00
3 40,000.00
0
It
s 40,000,00
a
$ 40.000.00
100%
S -
$ 40,000.00
P.M.1 Paal M..Km 6 F111ma
LS
1
s 2000.00
S 21000.00
0
$
1.00
S 2,000.00
1
$ 2,000.00
i00%
S -
S 2,000.00
SWPPP and Erosion Control
LS
1
4 10500.00
$ 10,500.00
0
$
1.00
b 10,500.0
1
3 10,500.00
100%
S -
3 10,500.00
Solid Slabs fta
Sy
79M
S 2.00
$ 19,750.00
0
$
5,720.00
S 14,300.00
5720
3 14,300.00
72%
S -
$ 14,300.00
Seed Me0mdA
AC
1.5
5 Lamm
It 2,260.00
0
$
1.50
3 2,250.00
1.5
3 2,250.00
100%
S -
3 2,250.00
Road Sam for AS hall Sso90n es hell elvers
SY
4751
S 1615
$ 77,203,75
0
3
4.751.00
$ 77,203.75
4751
3 77$03.75
100%
S -
$ 77,203.75
PC Caovde for Pavement mm tae In lam
Sy
MG
S 69.00
$ 140,220.00
0
S
1,710.00
$ 140,220.00
1710
$ 140220.00
100%
S -
3 140,220.00
CLSM Backsaw
CY
1011
3 loom
5 10,600.00
0
$
33.34
S 3,500.70
33,34
$ 3,500.70
3]X
S -
$ 3,500.70
of.. C Concrete tar P.vad atol,
CY
7
$ 600.00
$ 6,800.00
0
S
7.0
S 6,800.00
7
S 5,600.00
100%
T -
$ 5,600.00
Cembin.d Cmb 618' Wde Cutler
LF
2083
2600
S 5 0076.0
0
S
2,063.00
5 62,075.00
2003
S 52,075.00
100%
S -
S 58,075.00
4- Connie 6lCewalk 64`0. m 51e B.d0M
SY
432
E saw
$ 21,600.00
0
$
432.00
$ 21,600,00
432
S 21,600.00
190%
S -
S 21,600.00
Curb Rem v.Bh TadBe W.min D.vims
EA
7
3 916.00
S 6,925.0
0
$
7.00
S 8,025.00
7
3 6,925.00
100%
S
$ 6,625.00
Blmsaoe
Le
1
a ] 00.00
$ 3,500.00
0
S
0.78671
$ 2,750.0
0.78571
$ 2,750.00
75%
S -
$ 2,750.00
n•RCP
LF
37,1
$ mew
a 2,040.50
a
E
37.10
S 2,040.50
37.1
5 2,040.50
100%
S -
$ 2,040.50
21-RCP
LF
34
S 70.00
$ 2,380.00
0
$
34.00
3 2,380.00
34
s 2,360.00
100%
S -
80.00
WRCP
LF
320
$ a0.00
$ 25,600.0
0
$
320.00
$ 25,600.00
320
$ 25,600.00
100%
$ -
600.00
Yx35•BI6a1R0 Moo Clmslll
LF
1142
116.00
$ 13,132.0
0
S
120.00
S 13,900.00
120
$ 13,800.00
105%
S -
600.00
'Ed ed Cm - Pmiolmed
W
2.685
5 aA0
5 21,480.00
0
$
2,605.00
3 21,480,00
2885
$ 21,da0.00
100X
S -
80.00
E4
2
$ 0500.00
S 7,000.00
0
S
2,00
S 7,000.00
2
3 7,000.00
100%
s -
00.00
Meb9nLS
1
S 42000.00
5 42,000.00
0
b
1.00
3 42,000.00
t
S 42,000.00
100%
b -
00.00
GgAecmr CamNP6ansele - L..e111
LS
1
S 12000.00
$ 12.000.00
0
$
1.00
3 12,000.0
1
$ 12,000.00
100%
E -
V$2
00.00
S0'cuM Hndaea
EA
1
3 4500.00
S 4,500.00
D
$
S 4,500.00
0
$ 4,500.00
100%
S -
500.00
n Cl Deipn3O GrMna3Heem)
et Cl Oevynl (1 Gnlee 64 Heetiv)
EA
PA
LF
1
4
2
2
5 ]000.00
S 4,0000.0
5 5mo.00
S 3,500.00
3 3,000.00
S 10,000.00
$ 10,1100.00
3 7,000.00
0
$
E
$ -
5
$
$
$
4.00
2.00
2.00
$ 3,000.00
5 19,000.00
$ 10,1100,00
S 7,000.00
0
4
2
Z
$ 3,000.00
5 16,000.00
$ 10,800.00
3 7,000.00
t00%
100%
100%
100%
S
S -
S
s -
00.00
00.00
00.00
00.00
SP°dal Slam
nMa Saito
2-Wr WMS
BA
LF
6
41
$ 31SM
5 12.60
3 1,575.0
5 837.50
3
E
$
5.00
42.0
$ 1,575.00
3 625.00
5
42
E 1,575.00
S 625.00
100%
9S%
$ -
S -
$ 1,57500
$ 52500
nlaoapbam
Tre6109Mpe I0emlapN•tlo 8'WHe WNtex W6lktlne
Walk
IF
138
$ 4.50
$ 612.00
$
130.00
b 612.00
138
$ 812.00
100%
S -
3 61200
IhA09trps16ermepN•tlo4•WBe Ytll0x
TnMa BaPe Th6mmpbeW 4•mde Wltlle
If
lF
2,650
190
3 216
$ 2,15
S 8,18200
$ 408,50
-
S
6
3,122.00
207.00
S 6,712.30
$ 445.05
3122
207
$ 8,712.30
It 445.05
108%
108%
S -
S -
s 6,712.30
3 445.05
n16a 89pe D,ermOPh•tiv PRWrH
LF
E
S 150.00
$ 3,520.00
$
20.00
S 3,200,00
20
$ 3,200.00
01%
$ -
5 3,200.00
W
1
s 5600,00
s s,am.00
S
1.00
b 5,500.00
1.00
3 5,00.00
100%
s -
j 5,500.00
TRAFFIC PAY ITEM
TRAFFIC PAY ITEMS
PV0SCH.40PAa;, Cendu6Tnndud
IF
95
$ 20.00
3 2,980.00
S
s -
95.00
$ 2,660.00
95
s 2,680.00
t00%
$ -
E 2,680.00
'WC SCM.40 Ppdkc0MUIlTmnaMd
'High Canary PEPIPe -Baretl
LF
tF
35
69
S 4200
S 12600
S 1,470.00
$ 10,825.00
It -
$
5
$
35100
0500
$ 1,470.00
S 10,62500
35
85
3 1,470.00
3 10,625.00
100%
100X
$ -
S -
3 1,470.00
g 10,625.00
PW Bml6bs9
EA
2
S Uumm
$ 2.400.00
S
$
2.00
S 2,400.00
2
E 2,400.03
100%
$ -
$ 2,400.00
aucWlel Canmme
CY
0
S 21100.00
$ 13,230.00
S -
$
8.30
$ 13,230.00
5
$ 13,230.00
100%
S -
$ 13,230.00
R6Ffa6p51eN
PQ Remind of Tn0u
IB
LS
879
1
$ 320
a 1, .w
S 2,812.80
$ 1,250.00
$
$
E
$ -
079.00
1.00
$ 2,012.60
$ 1,250.00
BT9
1
$ 2,012.90
$ 1,250.110
100%
100%
s -
$ -
s 2,812.00
$ 1,250.00
(PL) Remove a. Raml Tmf. Sc. EWW.nt
15
1
S 12,500.00
S 12,500.00
$ -
S
1.00
$ 12,500.00
0.50
5 12,500.00
100%
S -
$ 12,500.00
(P4 Remwe6RmetGmund MowAad M9a
EA
1
a 2M.00
$ 220,00
$
$
1.00
S 220.00
0.50
$ 220.00
100%
S -
$ 220.00
1D' WG.W.TSPM.Pd.(G.9TL)
EA
1
a 050.0
$ 950.00
$
$
1.00
S 950.00
1
S 950.00
100%
3
$ 95000
12 N0.10E1e•1.Cn4
LF
mo
S 123
$ 1,505.00
S
$
860.00
3 1,505.00
880
$ 1,505.00
100%
1,50500
512nei 61tlam c9nbw6rtplmde
i..y4 Sea Ad} 6q. H0. S-13
EA
EA
1
1
$ 1.800.00
S 1,200.00
S 1,600.00
$ 1200.00
$
$
$
$
1.00
1.0
S 1,600.90
S 1.200,00
1
1
$ 1,600100
S 1,200.W
t00%
100%
E -
S -
5 1,1100.0
$ 1,200.0
i Wey SSea AdJ,9bHG. S16
EA
1
S 1,760.00
E 1,760.00
S
$
1.00
$ 1,750.00
1
s 1,750.00
100%
S -
$ 1.750.00
Mat.
EA
2
s 350,00
3 700.00
$
S
2.00
$ 700.00
2
b 790.00
100%
S -
Y 790.00
510 Tnflb 81p1el EroQ4ml Celle
>2 Ta00 sl0nelENeakfl Coble
tE
LF
1,150
35
$ 260
S 3.15
S. 3,770.00
b 11025
E
3
5
5
1,450.0D
35.00
$ s'no.00
$ 110.25
1450
35
$ 3,770.00
S 110.25
IN%
100%
S -
S -
E 3,770.00
b 110.25
1w Tnl8oel0nei FJeohksl CabY
9NeMed LaW OeIMwLn04n Cede
Idam mMauMea S11.(uun.)
LF
X
SF
460
5
1a
$ an
$ 3.25
$ 66.00
$ 3,795.00
$ 18.00
$ 975.00
3
S
$
$
$
$
460.00
5.00
15.00
S 3,795.00
$ 1600
$ 975.00
460
5
15
$ 3,795.00
S 10.00
S 975.00
100%
100%
100%
S -
S -
E
5 3,795.00
$ 16.00
b 975.00
'PROJECT PILOY/PNCE TO BEV9EGATCf DMCREVCN
L6
1
3 120,009,00
3 120,000.00
$
$
5
aX
S
$
TOTAL CONTRACT
$ 775,991.301
$
S 641,633.35
S 841,83135
63%
S -
a 661,BM.35
CLAIM OR INVOICE AFFIDAVIT
STATE OF OKLAHOMA SS
COUNTY OF
The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful
age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct.
Affiaut further states that the (work, services or materials) as shown by this Invoice or Claim
have been (completed or supplied) in accordance with the Plans, Specifications, orders or
requests fiumshed to the Affiant. Affiant further states that (s)he has made no payment, nor
given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected
official, officer, or employee of the State, County, or City of money or any other thing of value
to obttain_ payment or the award of this contract.
Contractor or Supplier
Subscribed and sworn to before me this
NO Public MEGAN aENANZER
Commission# 16CO15(di Notary Public - state of Oklahoma
L Commission Number 15001561
My Commission Expires:
2 -1 TZ 3 My Commission Expires Feb 17, 2023
Architect Engineer or other Supervisory Official
Subscribed and sworn to before me this day of
Notary Public
E., Commission #
(' My Commission Expires:
NOTE: Strike out words not appropriate and sign appropriate signature line. Architect,
Engineer approval is not required for Contractor or Supplier Affidavit.
E 0421 00300 -Page 12 of 15
CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN
Project/ Owner Contractor
Project: 137th Service Rd Extension Project Name: Paragon Contractors
Address: 200 South Main
Owasso OK 74056
City Owner: City of Owasso
State Zip Code
TO ALL WHOM IT MAY CONCERN:
Address: 2108 N 129th East Avenue
Tulsa OK 74116
City State Zip Code
Contractor Licence:
Contract Date: 6 / 1 /2021
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and
all liens, claims, and rights to liens against the above - mentioned project, and any and all other
property owned by or the title to which is in the name of the above - referenced Owner and
against any and all funds of the Owner appropriated or available for the
construction of said project, and any and all warrants drawn upon or issued against any such
funds or monies, which the undersigned Contractor may have or may hereafter acquire or
possess as a result of the furnishing of labor, materials, and /or equipment, and the performance
of Work by the Contractor on or in connection with said project, whether under and pursuant to
the above - mentioned contract between the Contractor and the Owner pertaining to said project
or otherwise, and which said liens, claims or rights of lien may arise and exist.
undersigned further hereby acknowledges that the sum of
ty two thousand ninety one & 67/100
Dollars ($32,091.67 ) constitutes the entire unpaid balance due the undersigned in
connection with said project whether under said contract or otherwise and that the payment of
said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens,
claims, and demands which the Contractor may have or assert against the Owner in connection
with said contract or project.
Witness to Signature:
Dated this Z day of WOJrti 202Z
Contractor
By: Date
Title:
Page 1 of 1
Print Form
137th Service Road Extension
Location Map
03/10/2022
This map mays resets a visdal cisplay of rely ed geographic information. i]ata provided here cn is no- ouaram- - of acutual field condhicns. To be sure cf mm
responsible staff for most up-to-date information. P ete a ccur c >; please c anta ct the
TO: The Honorable Mayor and City Council
FROM: Michele Dempster
Human Resources Director
SUBJECT: Ordinance 1191, Oklahoma Municipal Retirement Defined Contribution Plan
Amendments
DATE: March 11, 2022
BACKGROUND:
Oklahoma Municipal Retirement Fund (OkMRF), the mandatory retirement plan for employees not
participating in State Police or State Fire Retirement plans, as well an optional supplement
retirement plan for all full -time City employees, requires the City Council acting as the OkMRF
Retirement Committee to approve plan updates and amendments.
OkMRF, as the retirement plan provider, is required to follow a six -year filing cycle for preapproved
plans in order to retain plan qualification and obtain a determination letter from the IRS. The
OkMRF Defined Contribution Master Plan and Joinder Agreement have recently been amended
and restated and approved by the Internal Revenue Service (IRS). Upon approval by the IRS, the
OkMRF Board and participating cities and towns are required to formally adopt the new
documents containing the updated plan language.
Changes are outlined in the attached Summary of Changes, some of which are required and
others provide clarification in the plan language. The presented changes do not impact the cost
of the retirement plan or plan benefits.
RECOMMENDATION:
Staff recommends adoption of Ordinance 1191 regarding an amendment to the City of Owasso
Plan adopting the revised and restated Oklahoma Municipal Retirement Fund Master Defined
Contribution Retirement Plan, and Joinder Agreement.
ATTACHMENTS:
Summary of Changes
Ordinance 1191
MCAFEE &TAFT
A P R O F E S S I O N A L C O R PO R A T I O N
8TH FLOOR • Tw0 LEADERSHIP SQUARE
211 NORTH ROBINSON • OKLAHOMA CITY, OK 73102-7103
(405) 235 -9621 • FAX (405) 235 -0439
MM.mcafectaf .com
MEMORANDUM
TO: Oklahoma Municipal Retirement Fund
FROM: McAfee & Taft A Professional Corporation
(John A. Papahronis)
DATE: November 12, 2021
RE: Oklahoma Municipal Retirement Fund Master Defined Contribution Plan and
Joinder Agreement— Summary of Material Changes
The following surmnary compares the current version of the Oklahoma Municipal
Retirement Fund Master Defined Contribution Plan and Joinder Agreement with the version
recently approved by the Internal Revenue Service:
A. Master Defined Contribution Plan
Sec.
Feature
Current Version
Newly- Approved Version
1.1
Purpose
States the purpose of the Plan.
Adds IRS required sentence that
the plan is intended to qualify as
a governmental plan.
1.3
Exclusive Benefit
None
Added IRS required language
that the Plan is for the exclusive
benefit of employees. Expanded
language that was previously in
1.1.
2.1(m)
Definition of
Includes historical language
Deletes historical IRS required
Compensation
required by IRS
language that is obsolete.
2.1(r)
Definition of
Employee
None
Includes a definition of
Employee by cross referencing
Joinder Agreement.
4.5
Change of Rate of
Permits Participant to change
Deletes reference to minimum
Voluntary
rate of payroll deduction
and maximum rates.
Nondeductible
Contributions
4.8(d)(i)(3)
Roth Elective
Provisions describing
Added IRS required language
8.
Deferrals
permitted Roth Elective
regarding correction of excess
Deferrals
contributions of Roth Elective
Sig. page
Required Disclosure
IRS required disclosure
Deferrals.
5.11(a)(iv)
Maximum
Definition for IRS limit
Updated IRS dollar limit for
Permissible Amount
restrictions of IRS
current amount.
6.12
Loss of Benefits for
Reserved Section holder
Deleted per request of IRS.
Cause
6.17
Forfeiture of
Reserved Section holder
Deleted per request of IRS.
Benefits
8.5
Provider's Power to
Authority of Volume Submitter
Modified to reflect current IRS
Amend
Practitioner to Amend for
terminology in accordance with
Adopting Employers
Rev. Proc. 2017 -41.
10.5
Benefits Payable to
Protocol for benefit payments
Modified to provide payments
Incompetents
to incompetents
will be made to valid power of
attorney, court appointed
guardian, or other person
authorized under state law.
11.11
Supersession of
Incorporates provisions of
IRS required deletion of
Inconsistent
Trust Indenture
incorporation of provisions of
Provisions
Trust Indenture.
B. Joinder Agreement
Sec.
Feature
Current Version
Newly- Aonroved Version
8.
Forfeitures
Timing of allocation of
Timing of allocation specified
forfeitures not specified
Sig. page
Required Disclosure
IRS required disclosure
Update language to meet current IRS
re: IRS Approval
regarding the use and
requirements
restrictions of IRS
Preapproved Plan
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1191
AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED
CONTRIBUTION PLAN FOR THE CITY OF OWASSO, OKLAHOMA BY ADOPTING A
REVISED AND RESTATED RETIREMENT PLAN; PROVIDING RETIREMENT BENEFITS FOR
ELIGIBLE EMPLOYEES OF THE CITY OF OWASSO, OKLAHOMA; PROVIDING FOR
PURPOSE AND ORGANIZATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR
ELIGIBILITY AND PARTICIPATION; PROVIDING FOR NON - ALIENATION OF BENEFITS;
PROVIDING FOR EMPLOYER AND EMPLOYEE CONTRIBUTIONS; PROVIDING FOR
ACCOUNTING, ALLOCATION, AND VALUATION; PROVIDING BENEFITS; PROVIDING
FOR REQUIRED NOTICE; PROVIDING FOR AMENDMENTS AND TERMINATION;
PROVIDING FOR TRANSFER TO AND FROM OTHER PLANS; CREATING A RETIREMENT
COMMITTEE AND PROVIDING FOR POWERS, DUTIES, AND RIGHTS OF RETIREMENT
COMMITTEE; PROVIDING FOR PAYMENT OF CERTAIN OBLIGATIONS; PROVIDING FOR
DURATION AND PAYMENT OF EXPENSES; PROVIDING FOR EFFECTIVE DATE;
PROVIDING FOR VESTING SCHEDULES; PROVIDING FOR A FUND TO FINANCE THE
SYSTEM TO BE POOLED WITH OTHER INCORPORATED CITIES, TOWNS AND THEIR
AGENCIES AND INSTRUMENTALITIES FOR PURPOSES OF ADMINISTRATION,
MANAGEMENT, AND INVESTMENT AS PART OF THE OKLAHOMA MUNICIPAL
RETIREMENT FUND; PROVIDING FOR PAYMENT OF ALL CONTRIBUTIONS UNDER THE
SYSTEM TO THE OKLAHOMA MUNICIPAL RETIREMENT FUND FOR MANAGEMENT AND
INVESTMENT, PROVIDING FOR REPEALER AND SEVERABILITY; ADOPTING THOSE
AMENDMENTS MANDATED BY THE INTERNAL REVENUE CODE;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA:
SECTION 1.
That pursuant to the authority conferred by the laws of the State of Oklahoma, and for the purpose
of encouraging continuity and meritorious service on the part of City employees and thereby
promote public efficiency, there is hereby authorized created, established, and approved and
adopted, effective as of April 1, 2022, the amended and restated Plan designated "Employee
Retirement System of the City of Owasso, Oklahoma, Defined Contribution Plan," (hereinafter
called System), an executed counterpart of which is marked Exhibit "A" (Joinder Agreement) and
Exhibit "B" (amended and restated plan) and attached hereto as part hereof.
SECTION 2. FUND.
A fund is hereby provided for the exclusive use and benefit of the persons entitled to benefits
under the System. All contributions to such fund shall be paid over to and received in trust for such
purpose by the City. Such Fund shall be pooled for purposes of management and investment
with similar funds of other incorporated cities, towns, and municipal trusts in the State of Oklahoma
as a part of the Oklahoma Municipal Retirement Fund in accordance with the trust agreement of
the Oklahoma Municipal Retirement Fund, a public trust. The City shall hold such contributions in
the form received, and from time to time pay over and transfer the same to the Oklahoma
Municipal Retirement Fund, as duly authorized and directed by the Board of Trustees. The Fund
shall be nonfiscal and shall not be considered in computing any levy when the annual estimate is
made to the County Excise Board.
SECTION 3. APPROPRIATIONS.
The City of Owasso, Oklahoma, is hereby authorized to incur the necessary expenses for the
establishment, operation, and administration of the System, and to appropriate and pay the
same. In addition, the City of Owasso, Oklahoma, is hereby authorized to appropriate annually
Page 1 of 2
Ordinance 1191
such amounts as are required in addition to employee contributions to maintain the System and
the Fund in accordance with the provisions of the Defined Contribution Plan. Any appropriation
so made to maintain the System and Fund shall be for deferred wages or salaries, and for the
payment of necessary expenses of operation and administration to be transferred to the trustees
of the Oklahoma Municipal Retirement Fund for such purposes and shall be paid into the Fund
when available, to be duly transferred to the Oklahoma Municipal Retirement Fund.
SECTION 4. EXECUTION.
The Mayor and City Clerk be and they are each hereby authorized and directed to execute (in
counterparts, each of which shall constitute an original) the System instrument, and to do all other
acts and things necessary, advisable, and proper to put said System and related trust into full force
and effect, and to make such changes therein as may be necessary to qualify the same under
Sections 401(a) and 501(a) of the Internal Revenue Code of the United States. The counterpart
attached hereto as Exhibit "A" and Exhibit "B ", which has been duly executed as aforesaid
simultaneously with the passage of this Ordinance and made a part hereof, is hereby ratified and
confirmed in all respects.
This Committee is hereby authorized and directed to proceed immediately on behalf of the City
of Owasso, Oklahoma, to ,pool and combine the Fund into the Oklahoma Municipal Retirement
Fund as a part thereof, with similar funds of such other cities and towns, for purposes of pooled
management and investment.
SECTION 5. REPEALER.
Any Ordinance inconsistent with the terms and provisions of this Ordinance is hereby repealed,
provided, however, that such repeal shall be only to the extent of such inconsistency and in all
other respects this Ordinance shall be cumulative of other ordinances regulating and governing
the subject matter covered by this Ordinance.
SECTION 6. SEVERABILITY.
If, regardless of cause, any section, subsection, paragraph, sentence or clause of this Ordinance,
including the System as set forth in Exhibit "A" and Exhibit "B ", is held invalid or to be
unconstitutional, the remaining sections, subsections, paragraphs, sentences, or clauses shall
continue in full force and effect and shall be construed thereafter as being the entire provisions
of this Ordinance.
SECTION 7: DECLARING AN EFFECTIVE DATE.
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
PASSED AND ADOPTED this 15th day of March, 2022.
ATTEST:
Juliann M. Stevens, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
Page 2 of 2
Ordinance 1191
Bill Bush, Mayor
(SEAL)
Exbibit A
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED CONTRIBUTION PLAN
JOINDER AGREEMENT
City of Owasso [a municipality or authority chartered, incorporated or formed under the laws of Oklahoma],
a city, town, agency, instrumentality, or public trust located in the State of Oklahoma, with its principal office
at Owasso, Oklahoma, hereby establishes a Defined Contribution Plan to be known as City of Owasso Plan
(the "Plan ") in the form of the Oklahoma Municipal Retirement Fund Master Defined Contribution Plan.
Except as otherwise provided herein, the defmitions in Article II of the Plan apply.
1. Dates.
[ ] This instrument is a new Plan effective_ ( "Effective Date's [such date may not be earlier than the
first day of the Plan Year in which it is executed].
(X I This instrument is an amendment, restatement, and continuation of the Previous Plan, which was
originally effective July 1, 1992. The effective date of this Joinder Agreement is April 1, 2022
("Effective Date ") [date may not be prior to Plan Year of the date of execution], except as
otherwise stated in the Plan and the Joinder Agreement.
2. Employee.
The word "Employee" shall mean:
[ X) Any person, other than a Leased Employee, who, on or after the Effective Date, is considered to be
a regular full -time employee in accordance with the Employer's standard personnel policies and
practices, and is receiving remuneration for such services rendered to the Employer (including any
elected official and any appointed officer or employee of any department of the Employer, whether
governmental or proprietary in nature), including persons on Authorized Leave of Absence.
Employees shall not include independent contractors. Elected members of the City Council shall
not be considered to be Employees solely by reason of their holding such office.
[ ] Any person, other than a Leased Employee, who, on or after the Effective Date, is considered to be
a regular employee in accordance with the Employer's standard personnel policies and practices
(including part -time, seasonal and temporary employees), and is receiving remuneration for such
services rendered to the Employer (including any elected official and any appointed officer or
employee of any department of the Employer, whether governmental or proprietary in nature),
including persons on Authorized Leave of Absence. Employees shall not include independent
contractors. Elected members of the City Council shall not be considered to be Employees solely
by reason of their holding such office.
[ ] Any person who, [ ] on or after the Effective Date, [ ] as of, holds the position of:
[ J City Manager, City or Town Administrator, President, Chief Executive Officer, General
Manager, or District Manager, as applicable.
[ j Assistant City Manager [ j Chief of Police [ ] Fire Chief
[ ] Department Head or Department Manager [ ] Finance Director or Chief Financial Officer
[ ] General Counsel or Municipal Attorney [ ] Municipal Judge
[ ] _ (specify position)
The word "Employee" shall not include:
[ ] Any person who is currently accruing benefits under any other state or local retirement system.
[ ] Any person in the following position and who is covered under another retirement program or
system approved by the City:
(] City Manager, City or Town Administrator, President, Chief Executive Officer, General
Manager, or District Manager, as applicable.
[ ] Assistant City Manager [ I Chief of Police (] Fire Chief
[ j Department Head or Department Manager
[ J Finance Director or Chief Financial Officer
[ j General Counsel or Municipal Attorney [ ] Municipal Judge
[ ] _ (specify position)
[ I Any person who _ [description may include a position but not the name of an individual].
3. Entry Date.
Eligible Employees shall commence participation in the Plan: (Select only one)
[ ] months (any number of months up to twelve) after the later of the Employee's Employment
Commencement Date or the date the definition of Employee in Section 2 hereof was met, provided
that the individual has met the definition of Employee in Section 2 hereof throughout such period.
[ X ] On the Employee's Employment Commencement Date. (If the Employer has opted out of Old
Age and Disability Insurance (OADI), this option must be elected).
4. Definition of Compensation.
Compensation shall exclude the item(s) listed below:
[ ] No exclusions.
[XI Overtime pay.
[XI Bonuses.
[XI Commissions.
[ ] Longevity pay.
[ X ] Severance pay.
[ X ] Fringe benefits, expense reimbursements, deferred compensation and welfare benefits.
[XI Accrued vacation or sick leave paid upon termination of employment and moving expenses.
[ ] Other: [must be definitely determinable]
5. PIan Design.
The Employer hereby elects the following Plan design:
[ ]
Pick-up Option. Each Employee shall be required to contribute to the Plan % of his or her
Compensation. These contributions shall be picked up and assumed by the Employer and paid to
the Fund in lieu of contributions by the Participant. No Participant shall have the option of
receiving the contributed amounts directly as Compensation.
[XI Thrift Plan Option.
[ X ] A Participant may elect to contribute to the Plan for each Valuation Period an amount which
is at least 1 %, but no more than 2.00% of his Compensation ("Mandatory Contributions ").
Mandatory Contributions shall be made by payroll deductions. A Participant shall authorize
such deductions in writing on forms approved by, and filed with the Committee.
[ X ] The Employer shall contribute to the Fund an amount equal to 50.00% of the total
Mandatory Contributions contributed by Participants.
The Employer contribution shall be allocated in the proportion which the Mandatory
Contributions of each such Participant for such Valuation Period bear to the total Mandatory
Contributions contributed by all such Participants for such Valuation Period. Forfeitures
attributable to Employer contributions under the Thrift Plan Option of this Section 5 shall be
used to reduce Employer contributions under such Option.
[ ] Fixed Option. The Employer shall contribute to the Fund an amount equal to % of the total
covered Compensation of all Participants for the Valuation Period. The Employer contribution
shall be allocated in the proportion which the Compensation of each such Participant for such
Valuation Period bears to the Compensation paid to all such Participants for such Valuation Period.
[ ] Variable Option.
[ ] The Employer intends to make a contribution to the Plan for the benefit of the Participants
for each Valuation Period. The contribution may be varied from year to year by the
Employer. (Select one option below)
[ ] Option A: The Employer contribution shall be allocated in the proportion that each
such Participant's total points awarded bear to the total points awarded to all
Participants with respect to such year. A Participant shall be awarded one point for
each Year of Service.
[ ] Option B: The Employer contribution shall be allocated in the proportion which the
Compensation of each such Participant for such Valuation Period bears to the
Compensation paid to all such Participants for such Valuation Period.
[ ] Option C: A combination of Options A and B in the following ratios: % for Option
A, and % for Option B.
Exhibit A Page 2
[ ] 401(k) Option.
(This Option available only if elected prior to May 1, 1986)
[ ] Participant Deferral Elections shall be allowed under the provisions of Section 4.8 of the
Plan. Participants shall be allowed to defer no more than % of their Compensation for each
election period.
[ ] Section 4.8(d) of the Plan ("Roth Elective Deferrals") shall apply to contributions after
(enter a date later than January 1, 2006, but not earlier than the date the Roth option was
initially adopted), and the Plan will accept a direct rollover from another Roth elective
deferral account under an applicable retirement plan as described in Code Section
402A(e)(1).
[ ] Matching Contribution Option. The Employer shall contribute to the Fund an amount equal to
% of the Participant's contributions under the Employer's Section 457(b) Deferred Compensation
Plan. The Employer matching contribution shall be limited to % of the Participant's
Compensation. Forfeitures attributable to Employer matching contributions under this Matching .
Contribution Option of Section 5 shall be used to reduce Employer matching contributions under
such Option.
[ ] No Employer Contribution Option.
6. Other Participant Contribution Options.
[ X ] Voluntary Nondeductible Contributions by Participants shall be allowed under the provisions of
Section 4.4 of the Plan. Notwithstanding anything to the contrary herein and in the related
Oklahoma Municipal Retirement Fund Master Defined Contribution Plan, a Participant may not
withdraw Voluntary Nondeductible Contributions if he has requested a participant loan or has an
established Loan Account.
() A Participant may not withdraw Voluntary Nondeductible Contributions.
[) Participants shall not contribute to the Plan.
7. Self - Directed Investments.
[XI Are permitted.
[ ) Are not permitted.
8. Allocation of Forfeitures Available.
Forfeitures of Employer contributions attributable to the Fixed Option or Variable Option under Section
5 hereof:
[ j Shall be added to Employer contribution under such Option for the calendar quarter following the
Participant's Break in Service.
[ ] Shall reduce the Employer contribution under such Option for the current or next following Plan
Year.
9. Service for Worker's Compensation Period.
If a Participant is on an Authorized Leave of Absence and is receiving worker's compensation during
such Authorized Leave of Absence, such Participant
[ X ] shall be credited with Service for such period for purposes of vesting only and not for purposes of
allocations of Employer Contributions.
[ j shall not be credited with Service for such period.
Exhibit A Page 3
10. Vesting.
For purposes of vesting under Section 6.4 of the Plan, the Employer hereby elects the following Option:
[ ] Option A
Years of Service
less than I
at least 1 but less than 2
at least 2 but less than 3
at least 3 but less than 4
at least 4 but less than 5
at least 5 but less than 6
at least 6 but less than 7
at least 7 but less than 8
at least 8 but less than 9
at least 9 but less than 10
10 or more
[ ] Option C
Years of Service
less than 5
at least 5 but less than 6
at least 6 but less than 7
at least 7 but less than 8
at least 8 but less than 9
10 or more
Vested
Percent e
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Vested
Percentage
0%
50°/9
60%
70%
80%
100%
Forfeited
Percentage
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Forfeited
Percentage
100%
50%
40%
30%
20%
0%
Option B
Years of Service
Less than 3
at least 3 but less than 4
at least 4 but less than 5
at least 5 but less than 6
at least 6 but less than 7
7 or more
[ ] Option D
Years of Service
Immediate 100% Vesting
Vested
Percentage
0%
20%
40%
60%
80%
100%
Vested
Percentage
100%
Forfeited
Percentage
100%
80%
60%
40%
20%
0%
Forfeited
Percentage
0%
Option E
The Schedule indicated below (the sum of the Vested Percentage and Forfeited Percentage at each Year of Service must
equal 100 %) the vesting schedule must be at least as favorable as one of the safe harbor pre- E12ISA schedules. The safe
harbor vesting schedules are:
a. 15 -year cliff vesting schedule: The plan provides that a participant is fully vested after 15 years of creditable service
(service can be based on years of employment, years of participation, or other creditable years of service).
b. 20 -year graded vesting schedule: The plan provides that a participant is fully vested based on a graded vesting
schedule of 5 to 20 years of creditable service (service can be based on years of employment, years of participation, or
other creditable years of service).
c. 20 -year cliff vesting schedule for qualified Public safety employees: The plan provides that a participant is fully vested
after 20 years of creditable service (service can be based on years of employment, years of participation, or other
creditable years of service). This safe harbor would be available only with respect to the vesting schedule applicable
to a group in which substantially all of the participants are qualified public safety employees (within the meaning of
Section 72(t)(10)(B)).
[ ] Option F
To comply with the Internal Revenue Service Regulations promulgated pursuant to the Code
Section 3121(b)(7)(F), Participants who are part -time, seasonal or temporary Employees will have
immediate vesting.
(If this Option F is elected, one of the other Options above must also be elected for Participants
who are not part-time, seasonal or temporary Employees).
Exhibit A Page 4
Vested
Forfeited
Years of Service
Percentage
Percentage
less than 1
0%
100%
at least 1 but less than 2
0%
100%
at least 2 but less than 3
40%
60%
at least 3 but less than 4
60%
40%
at least 4 but less than 5
80%
20%
5 or more
100%
0%
Option F
To comply with the Internal Revenue Service Regulations promulgated pursuant to the Code
Section 3121(b)(7)(F), Participants who are part -time, seasonal or temporary Employees will have
immediate vesting.
(If this Option F is elected, one of the other Options above must also be elected for Participants
who are not part-time, seasonal or temporary Employees).
Exhibit A Page 4
11. Participant Loans.
Participant loans shall be offered pursuant to Section 6.14 of the Plan. Provided, however,
notwithstanding the provisions in Section 6.14(a) of the Oklahoma Municipal Retirement Fund
Master Defined Contribution Plan, at such time as it is determined that a Participant is to receive a
loan from the Plan, the loan shall be made from the Participant's applicable Account in the order
and precedence indicated hereafter and such amount shall be deemed to be credited to the
Participant's Loan Account with a corresponding debit to occur to his Account as of the first day of
the month in which such loan occurs: (i) an Account holding Employer contributions, including
"rollover contributions" (other than Deferred Compensation Contributions, if applicable); (ii) an
Account holding Deferred Compensation Contributions, if applicable; (iii) an account holding
Participant Mandatory Employee contributions; (iv) an account holding Participant Nondeductible
contributions and (v) an Account holding contributions picked up and assumed by the Employer
pursuant to Section 4.7 of this Plan.
[ ] Participant loans shall not be offered.
12. Direct Transfer to Other Retirement Plan.
Direct transfer of a Participant's accounts to another defined contribution plan sponsored by the
Employer is not permitted.
[ ] The Accounts of any Participant who (i) is 100% vested in his Accounts in this Plan; (ii) has
ceased to be eligible for participation in this Plan; and (iii) who becomes eligible for participation
in another defined contribution retirement plan sponsored by the Employer (the "Other Retirement
Plan"), shall be directly transferred to the Other Retirement Plan as soon as practicable after the
Plan Administrator provides written direction to the Trustee to such effect in a form acceptable to
the Trustee.
13. Valuation Date. Except with respect to any Special Valuation Date determined in accordance with
Section 5.10, the Valuation Date for the Plan shall be on each business day of the Plan Year for which
Plan assets are valued on an established market.
14. The Employer has consulted with and been advised by its attorney concerning the meaning of the
provisions of the Plan and the effect of entry into the Plan.
IN WITNESS WHEREOF the City of Owasso has caused its corporate seal to be affixed hereto and this
instrument to be duly executed in its name and behalf by its duly authorized officers this 15th day of
March 2022,
Attest:
Title: Juliann M. Stevens, City Clerk
(SEAL)
City of Owasso
Bill Bush, Mayor
Exhibit A Page 5
The foregoing Joinder Agreement is hereby approved by the Oklahoma Municipal Retirement Fund this
day of
Attest:
OKLAHOMA MUNICIPAL RETIREMENT FUND
Secretary
(SEAL)
Required Disclosures. This Joinder Agreement is to be used only with the Oklahoma Municipal
Retirement Fund Master Defined Contribution Plan. Failure to properly complete this Joinder Agreement
may result in failure of the Plan to qualify under Code Section 401(a). In accordance with IRS Rev. Proc.
2017 -41, the Provider (as defined in Rev. Proc. 2017 -41) who has obtained Internal Revenue Service
approval of the Oklahoma Municipal Retirement Fund Master Defined Contribution Plan has authority
under the Plan document to amend the Plan on behalf of adopting employers for certain changes in the
Code, regulations, revenue rulings, other statements published by the Internal Revenue Service, including
model, sample or other required good faith amendments. The Provider will inform adopting employers of
any such amendments or of the discontinuance or abandonment of the Pre - Approved Plan document. The
name, address and telephone number of the Provider is: McAfee & Taft A Professional Corporation, 211
N. Robinson, Oklahoma City, OK 73102, telephone (405) 552 -2231. Any inquiries by the adopting
employer regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the Internal
Revenue Service advisory letter on the Pre - Approved Plan may be directed to the Provider.
Reliance on Sponsor Opinion Letter. The Provider has obtained from the IRS an Opinion Letter (as
defined in Rev. Proc. 2017 -41) specifying the form of this Joinder Agreement and the basic plan
document satisfy, as of the date of the Opinion Letter, Code §401. An adopting Employer may rely on the
Preapproved Plan Sponsor's IRS Opinion Letter only to the extent provided in Rev. Proc. 2017 41. The
Employer may not rely on the Opinion Letter in certain other circumstances or with respect to certain
qualification requirements, which are specified in the Opinion Letter and in Rev. Proc. 2017 41 or
subsequent guidance. In order to have reliance in such circumstances or with respect to such qualification
requirements, the Employer must apply for a determination letter to Employee Plans Determinations of
the IRS.
Exhibit A Page 6
Exhibit B
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED CONTRIBUTION PLAN
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED CONTRIBUTION PLAN
TABLE OF CONTENTS
Page
ARTICLE I. PURPOSE AND ORGANIZATION I -I
1.1 Purpose II
1.2 Parties.
1.3 Exclusive Benefit
ARTICLE II. DEFINITIONS AND CONSTRUCTION
2.1 Definitions
Account
Adjustment Factor
Amount(s) Forfeited
Authorized Agent
Authorized Leave of Absence
Beneficiary
Break in Service
Catch -Up Contributions
Catch -Up Contribution Account
CityCouncil
Code
Committee
Compensation .
Deductible Participant Contribution
Deferred Compensation Contributions
Disability
EffectiveDate
Employee
Employer
Employment Commencement Date
EntryDate
Forfeiture
Fund
Investment Manager
Investment Options
JoinderAgreement
Leased Employee
Limitation Year
LoanAccount
Mandatory Contributions
Municipality
Municipality Contribution Account
Normal Retirement Date
Oklahoma Municipal Retirement Fund
Participant
Participant Contribution Accounts
Participant Deductible Contribution Account
Participant Deferred Compensation Contribution Account
Participant Mandatory Contribution Account
Participant Nondeductible Contribution Account
Participant Rollover Account
Participant Roth Contribution Account
Participation
Period(s) of Service or Service
Pick -Up Contributions
Pick -Up Contributions Account
Plan
Plan Administrator
Plan Year
Previous Plan
Retirement .
Roth Contributions
Trust Service Provider
Trustee
Valuation Date
Valuation Period
2.2 Construct ion
ARTICLE III. ELIGIBILITY AND PARTICIPATION
3.1 Eligibility
3.2 Entry Date
Re- employment of Former Participants
Re- employment of Retired or Fully Vested Participants
ARTICLE
IV. CONTRIBUTIONS
Contributions by Employer
Required Participant Contributions
Mandatory Contributions
Voluntary Nondeductible Contributions by Participants
Change of Rate of Voluntary Nondeductible Contributions by Participant
Participant Contributions Nonforfeitabl
Pick -Up Contributions
Deferred Compensation Contributions
ARTICLE V. ACCOUNTING, ALLOCATION AND VALUATION
Eligibility for Allocation
5.3 Allocation of Contribution
5.4 Allocation nfAmounts Forfeited
5.5 Value uf Account
5.6 Allocation of Investment Earnings and Losses
5.7 Accounting for Participants' Contributions
5.8 Accounting for Statement of Account
5.4 Time uF Adjustment
I10Special Valuation Date
5.11 Limitation on Allocation uƒ Employer Contributions
ARTICLE VI. BENEFITS
Retirement nr Disability
Deferred Retiromeot
Death
Termination for Other Reasons ~ Vested Percentage
Initial Distribution Date
Determination uf Amounts Forfeited
Participant Contribution Accounts
Withdrawals from Participant's CoutribmtiouAcuuuote
Withdrawals from Participant's Mandatory Contribution Account
Methods of Distribution
Designation of Beneficiary
Payments Under u Qualified Domestic Relations Order
Loans to Participants
Required Minimum Distributions
ARTICLE V11. NOTICES
7} Notice to Oklahoma Municipal Fund
7.2 Subsequent Notices
7.3 Copy ny Notice
ARTICLE VIII. AMENDMENT AND TERMINATION
#.l Termination oFyluo
8,2 Suspension uod Discontinuance of Contributions
8.3 Liquidation Trust Fund
8'4 Aouuodmu
ARTICLE IX. EMPLOYMENT TRANSFERS
9 Transfers from This Plan
4.2 Transfers ho This Plan
9 Notice uf Transfers
Rollover Contributions
Transfer to Other Qualified Plans
Rollover to Another Plan or IRA
Requirements for Rollover by Individual
Transfers From Another Qualified Plan
Procedures
ARTICLE X. ADMINISTRATION
Administration
Bonds
Benefit Payments
Abandonment of Benefits
Benefits Payable to Incompetents
ARTICLEXI. GENERAL
USERRA
Not Contract Between Employer and Participant
Payment of Fees
Governing Law
Counterpart Execution
Severability
Spendthrift Provisions
Maximum Duration
Number and Gender
Compensation and Expenses of Administration
Supercession of Inconsistent Provisions
Mistake of Fact
Written Notices
ARTICLE 1.
Purpose and Organization
1.1 Purpose: The purpose of this Plan is to encourage the loyalty and continuity of service
of the Participants, to provide retirement benefits for all eligible Employees of the Employer, as
hereinafter defined, who complete a period of faithful service and become eligible hereunder,
and to qualify the Plan under Section 401(a) of the Code. It is intended that the Plan satisfy
Section 401(a) of the Code by meeting the requirements of Section 414(d) of the Code. The
benefits provided by this Plan will be paid from a Fund established by the Employer and will be
in addition to the benefits Employees are entitled to receive under any other programs of the
Employer and from the Federal Social Security Act.
The design type of this Plan is a profit sharing plan. To the extent this Plan is a
governmental retiree benefit plan under Section 401(a)(24) of the Code, and prior to the
termination of the Plan and satisfaction of all liabilities of the Plan, no part of the corpus or
income of the Fund shall be used for, or diverted to, purposes other than for the exclusive benefit
of the Plan participants and their beneficiaries.
1.2 Parties: The Oklahoma Municipal Retirement Fund hereby adopts and establishes this
Plan for the benefit of Employees of those Employers, as defined herein, formed, chartered or
incorporated tinder the laws of the State of Oklahoma, who wish to adopt it by executing a
Joinder Agreement which incorporates this Plan by reference.
1.3 Exclusive Benefit: This Plan and the separate related Fund forming a part hereof are
established and shall be maintained for the exclusive benefit of the eligible Employees of the
Employer and their beneficiaries. Except as provided under Section 11.12, the Employer does
not have any beneficial interest in any asset of the Fund and no part of any asset in the Fund may
ever revert to or be repaid to the Employer, either directly or indirectly; nor, prior to the
satisfaction of all liabilities with respect to the Participants and their Beneficiaries under the
Plan, may any part of the corpus or income of the Fund, or any asset of the Fund, be (at any time)
used for, or diverted to, purposes other than the exclusive benefit of the Participants or their
Beneficiaries and for defraying reasonable expenses of administering the Plan.
I -I
ARTICLE II.
Definitions and Construction
2.1 Definitions: Where the following words and phrases appear in this Plan, they shall have
the respective meanings set forth below, unless their context clearly indicates to the contrary:
(a) Account: One or more of several records maintained to record the interest in the
Plan of each Participant and Beneficiary, and shall include any or all, where appropriate, of the
following: (i) Municipality Contribution Account, (ii) Participant Deductible Contribution
Account, (iii) Participant Deferred Compensation Contribution Account, (iv) Participant
Mandatory Contribution Account, (v) Participant Nondeductible Contribution Account,
(vi) Participant Roth Contribution Account, (vii) Pick -Up Contribution Account,
(viii) Participant Rollover Account, (ix) Catch -Up Contribution Account, and (x) Loan Account.
(b) Adjustment Factor: The cost of living adjustment factor prescribed by the
Secretary of the Treasury under Section 415(d) of the Code for years beginning after December
31, 1987, as applied to such items and in such manner as the Secretary shall provide.
(c) Amount(s) Forfeited: That portion of a terminated Participant's Municipality
Contribution Account to which such Participant is not entitled because of insufficient Service.
(d) Authorized Agent: The City Clerk of the Employer or such other person
designated by the Employer to carry out the efficient operation of the Plan at the local level.
(e) Authorized Leave of Absence: Any absence authorized by the Employer under
the Employer's standard personnel practices applied to all persons under similar circumstances in
a uniform manner, including any required military service during which a Participant's re-
employment rights are protected by law, provided that he resumes employment with the
Employer within the applicable time period established by the Employer or by law.
(t) Beneficiary: Any person or entity designated or deemed designated by a
Participant as provided in Section 6.11 hereof.
(g) Break in Service: The expiration of ninety (90) days from the date the
Participant last performed Service for the Employer for which such Participant was entitled to
wages as defined in Section 3121(a) of the Code unless the Participant is on Authorized Leave of
Absence. If a Participant does not resume employment with the Employer upon the expiration of
an Authorized Leave of Absence, the Participant will be deemed to be absent from work on the
first day of his Authorized Leave of Absence for purposes of determining if the Participant has a
Break in Service.
For determining the amounts to be forfeited from a Participant's account under
Section 6.6, any periods of employment with the Employer during which the Participant was not
considered an Employee under the Plan shall not be considered as a Break in Service that causes
a forfeiture unless the Participant was covered under a state retirement system or any other
program outside the Oklahoma Municipal Retirement Fund System.
II -1
(h) Catch -Up Contributions: A Participant's contributions described in Section
4.8(c) herein.
(i) Catch -Up Contribution Account: The Account maintained for a Participant in
which any Catch -Up Contributions are recorded.
0) City Council: The City Council or Board of Trustees of the Employer or other
duly qualified and acting governing authority of the Employer.
(k) Code: The Internal Revenue Code of 1986, as amended from time to time.
(1) Committee: The City Council of the Municipality, which shall act as the Plan
Administrator of the Plan as provided for under Article X hereof.
(m) Compensation: Compensation means wages for federal income tax withholding
purposes, as defined under Code §3401(a), plus all other payments to an Employee in the course of
the Employer's trade or business, for which the Employer must furnish the Employee a written
statement under Code § §6041, 6051 and 6052, but determined without regard to any rules that
limit the remuneration included in wages based on the nature or location of the employment or
services performed (such as the exception for agricultural labor in Code §3401(a)(2)). The
Employer in Section 4 of its Joinder Agreement may specify modifications to the definition of
Compensation, for purposes of contribution allocations under the Plan. For purposes of
determining a Participant's compensation, any election by such Participant to reduce his regular
cash remuneration under Code Sections 125,401(k), 414(h), 403(b) or 457 shall be disregarded.
(1) Limitations. The annual compensation of each Participant taken into
account in determining allocations for any Plan Year beginning after December 31, 2001, shall
not exceed $280,000, as adjusted for cost -of- living increases in accordance with Section
401(a)(17)(B) of the Code. Annual compensation means compensation during the Plan Year or
such other consecutive 12 -month period over which compensation is otherwise determined under
the Plan (the determination period). The cost -of- living adjustment in effect for a calendar year
Applies to annual compensation for the determination period that begins with or within such
calendar year. If compensation for a period of less than 12 months is used for a plan year, then
the otherwise applicable compensation limit is reduced in the same proportion as the reduction in
the 12 -month period. If a determination period consists of fewer than 12 months, the annual
compensation limit will be multiplied by a fraction, the numerator of which is the number of
months in the determination period, and the denominator of which is 12.
If Compensation for any prior determination period is taken into account in
determining an Employee's benefits accruing in the current Plan Year, the Compensation for that
prior determination period is subject to applicable annual compensation limit in effect for that prior
determination period.
For limitation years beginning on and after January 1, 2001, for purposes of
applying the limitations described in this Subsection 2.1(m), Compensation paid or made
available during such limitation years shall include elective amounts that are not includible in the
gross income of the Employee by reason of Section 132(f)(4) of the Code.
II -2
(n) Deductible Participant Contribution: Prior to January 1, 1987, the amount a
Participant may voluntarily contribute to the Plan which could not exceed the lesser of $2,000 (or
such higher limit as allowed by the Code), or 100% of Compensation, and is deductible from
gross income by the Participant pursuant to the Code. No Deductible Participant Contributions
may be made after January 1, 1987.
(o) Deferred Compensation Contributions: A Participant's contributions described
in Section 4.8 herein and credited to his Participant Deferred Compensation Contribution
Account.
(p) Disability: A physical or mental condition which, in the judgment of the
Committee, totally and presumably permanently prevents a Participant from engaging in any
substantial gainful employment with the Employer. A determination of such disability shall be
based upon competent medical evidence.
(q) Effective Date: The later of: (a) the date specified in the Joinder Agreement; or
(b) the first day on which the Plan has a Participant.
(r) Employee: Shall have the meaning set forth in Section 2 of the Joinder
Agreement.
(s) Employer: A Municipality chartered, incorporated or formed under the laws of
the State of Oklahoma which executes the Joinder Agreement.
(t) Employment Commencement Date: The first day of the first pay period during
which the Participant receives wages as defined in Section 3121(a) of the Code from the
Employer.
(u) Entry Date: The date an Employee becomes a Participant.
(v) Forfeiture: The portion of a Participant's Accounts which becomes forfeitable
pursuant to Section 6.6 hereof.
(w) Fund: The fund established to provide the benefits under the Plan for the
exclusive benefit of the Participants included in the Plan, and which will be pooled with similar
funds of other incorporated cities and towns of Oklahoma as a part of the Oklahoma Municipal
Retirement Fund, for purposes of pooled management and investment.
(x) Investment Manager: A person who is either (i) registered as an investment
adviser under the Investment Advisers Act of 1940, (ii) a bank, as defined in the Investment
Advisers Act of 1940, or (iii) an insurance company qualified to perform investment
management services under the laws of more than one state.
(y) Investment Options: Any of those investment options selected by the
Committee in accordance with Section 5.12 hereof.
(z) Joinder Agreement: The agreement by which the Employer adopts this Plan and
Fund as its Plan and Fund.
II -3
(aa) Leased Employee: Any person (other than an employee of the recipient) who
pursuant to an agreement between the recipient and any other person ( "leasing organization ") has
performed services for the recipient (or for the recipient and related persons determined in
accordance with Section 414(n)(6) of the Code) on a substantially full time basis for a period of
at least one year, and such services are performed under primary direction or control by the
recipient. Contributions or benefits provided a Leased Employee by the leasing organization
which are attributable to services performed for the recipient employer shall be treated as
provided by the recipient employer.
A Leased Employee shall not be considered an employee of the recipient if: (I) such
employee is covered by a money purchase pension plan providing: (1) a nonintegrated employer
contribution rate of at least 10% of compensation, as defined in Section 415(c)(3) of the Code, but
including amounts contributed pursuant to a salary reduction agreement which are excludable from
the employee's gross income under Section 125, Section 402(e)(3), Section 402(h)(1)(B) or Section
403(6) of the Code, (2) immediate participation, and (3) full and immediate vesting; and (ii) leased
employees do not constitute more than 20% of the recipient's nonhighly compensated work force.
(bb) Limitation Year: The twelve (12) consecutive month period ending on June 30th
of each year. If the Limitation Year is amended to a different twelve (12) consecutive month
period, the new Limitation Year must begin on a date within the Limitation Year in which the
amendment is made.
(cc) Loan Account: A Participant's Separate Account established in the event he
desires to make a loan from his applicable Account as provided in Section 6.13 herein.
(dd) Mandatory Contributions: Contributions, if elected by the Employer in the
Joinder Agreement, which Participants are required to make in order to participate in the Plan.
(cc) Municipality: (1) each and every incorporated municipality in the State of
Oklahoma; (2) public trusts having municipalities as a beneficiaries; (3) interlocal cooperatives
created pursuant to 74 Oklahoma Statutes, Sections 1001, et seq., between municipalities and /or
their public trust, and; (4) any other legal entity comprising a municipal authority as that term is
used in Chapter 48 of Title I 1 Oklahoma statutes, which has adopted the Plan and /or which has
become a participant in the related trust according to the terms herein.
(fl) Municipality Contribution Account: The account maintained for a Participant
in which his share of the contributions of the Employer and the Amounts Forfeited and any
adjustments relating thereto are recorded.
(gg) Normal Retirement Date: The first day of the month occurring on or next
following the date a Participant attains sixty -five (65) years of age.
(hh) Oklahoma Municipal Retirement Fund: The trust created in accordance with
Sections 48 -101 et seq., of Title 11, Oklahoma Statutes 1981, to combine pension and retirement
funds in incorporated cities and towns of Oklahoma for purposes of management and investment,
represented by and acting through its Board of Trustees.
II4
(ii) Participant: Any Employee or former Employee who meets the eligibility
requirements and is covered under the Plan.
6j) Participant Contribution Accounts: All of the following Accounts:
(i) Participant Deductible Contribution Account, (ii) Participant Deferred Compensation
Contribution Account, (iii) Participant Nondeductible Contribution Account, (iv) Catch -Up
Contribution Account, (v) Pick -Up Contributions Account, (vi) Participant Mandatory
Contributions Account, (vii) Participant Rollover Account, and (viii) Participant Roth
Contribution Account.
(htk) Participant Deductible Contribution Account: The Account maintained for a
Participant in which his Deductible Participant Contributions and adjustments relating thereto are
recorded.
(11) Participant Deferred Compensation Contribution Account: The Account
maintained for a Participant in which his Deferred Compensation Contributions resulting from
the Participant's election under Section 4.8 of the Plan and adjustments thereto are recorded.
(mm) Participant Mandatory Contribution Account: The Account maintained for a
Participant in which his Mandatory Contributions and adjustments relating thereto are recorded.
(nn) Participant Nondeductible Contribution Account: The Account maintained
for a Participant in which his voluntary nondeductible contributions and adjustments relating
thereto are recorded.
(oo) Participant Rollover Account: The Account maintained for a Participant in
which any Rollover Contributions are recorded.
(pp) Participant Roth Contribution Account: The Account maintained for a
Participant in which any Roth Contributions are recorded.
(qq) Participation: The period commencing as of the date an Employee became a
Participant and ending on the date the final distributions of all the Account balances are made.
(rr) Period(s) of Service or Service:
(1) A Participant's last continuous period during which the Participant was an
Employee of the Employer and /or any other Municipality prior to the earlier of his Retirement or
Break in Service.
(i) Service includes employment with a Municipality other than the
Employer prior to the time that the other Municipality adopted the Plan if the other
Municipality credits a participant's past service under its retirement plan; and
(ii) Service for the Employer does not include employment with any
Municipality if that set-vice would not be included under the Municipality's Plan.
1I -5
(2) Concurrent employment with more than one Municipality shall be credited
as only one period of service.
(3) Any Authorized Leave of Absence shall not be considered as interrupting
continuity of employment, provided the Employee returns within the period of authorized
absence. Until such time as the City Council shall adopt rules to the contrary, credit for Service
with the Employer shall be granted for any period of Authorized Leave of Absence during which
the Employee's full Compensation is continued and contributions to the Fund are continued at
the same rate and made by or for him, but credit for Service with the Employer shall not be
granted for any period of authorized, nonpaid absence due to illness, union leave, military
service, or any other. reason, unless arrangements are made with the City Council for the
Employee's continued participation and for contributions to be continued at the same rate and
made by him or on his behalf during such absence. Provided, however, if a Participant is on an
Authorized Leave of Absence and is receiving worker's compensation during such Authorized
Leave of Absence, and if the Employer so elects in the Joinder Agreement, such Participant shall
be credited with Service for such period for purposes of vesting only (and not for purposes of
allocation of Employer Contributions).
(4) The expiration of the term of office of an elected official shall not be
considered as interrupting continuity of employment, provided the official is re- elected for a
consecutive term.
(5) Any reference in this Plan to the number of years of Service of a Participant
shall include fractional portions of a year.
(6) With respect to a Participant who was previously 100% vested in any other
Municipality's qualified retirement plan prior to becoming a Participant in this Plan, such
Participant's "Service" for purposes of determining years of service for vesting under this Plan
shall include the Participant's last continuous period during which the Participant was an employee
of the other Municipality.
(ss) Pick -Up Contributions: The Employer's contributions described in Section 4.7
hereof and credited to his Pick -Up Contribution Account.
(tt) Pick -Up Contributions Account: The account maintained for a Participant in
which his share of Pick -Up Contributions are recorded.
(uu) Plan: The Oklahoma Municipal Retirement Fund Master Defined Contribution
Plan set forth herein, and all subsequent amendments.
(w) Plan Administrator: The persons who administer the Plan pursuant to the
provisions of Article X hereof.
(ww) Plan Year: Means the twelve (12) consecutive month period ending June 30th of
each year. The initial or final Plan Year may be less than a twelve (12) consecutive month
period.
II -6
(xx) Previous Plan: The terms and provisions in the prior instruments governing the
Employer's qualified defined contribution retirement plan and related trust, and applying before
the Effective Date hereof, or any other date expressly specified herein if different from the
Effective Date, which prior instruments are amended, restated and superseded by this instrument.
(yy) Retirement: Termination of employment upon a Participant's attaining age 65.
(zz) Roth Contributions: A Participant's contributions described in Section 4.8(d)
herein and credited to his Participant Roth Contribution Account.
(aaa) Trust Service Provider: The person appointed by the Trustee to supervise
operation of the Oklahoma Municipal Retirement Fund and to assist participating Municipalities
in the adoption and operation of the Plan.
(bbb) Trustee: The Trustees appointed pursuant to the Trust Indenture establishing the
Oklahoma Municipal Retirement Fund.
(ccc) Valuation Date: The date specified in Section 13 of the Joinder Agreement and
any Special Valuation Dates determined in accordance with Section 5.10.
(ddd) Valuation Period: The period of time between two successive Valuation Dates.
2.2 Construction: The masculine gender, where appearing in the Plan, shall be deemed to
include the feminine gender, unless the context clearly indicates to the contrary. The words
"hereof," "herein," "hereunder" and other similar compounds of the word "herein" shall mean
and refer to the entire Plan, not to any particular provision or section.
11 -7
ARTICLE III.
Eligibility and Particivation
3.1 Eligibility: An Employee, as defined in the Joinder Agreement, who has satisfied all the
requirements set forth in the Joinder Agreement shall be eligible to participate in the Plan. Any
person who has been classified by the Employer as an independent contractor and has had his
compensation reported to the Internal Revenue Service on Form I099 but who has been
reclassified as an "employee" (other than by the Employer) shall not be considered as an eligible
Employee who can participate under this Plan; provided, if the Employer does reclassify such
worker as an "Employee," for purposes of this Plan, such reclassification shall only be
prospective from the date that the Employee is notified by the Employer of such reclassification.
3.2 Entry Date: The participation of an Employee eligible to become a Participant shall
commence on the earliest date permitted by the Employer in the Joinder Agreement.
3.3 Re- employment of Former Participants: Subject to Section 3.4, if a Participant incurs a
Break in Service and is subsequently re- employed by the Employer, the Participant shall not
receive any credit for his previous Period of Service with the Employer and such Participant
shall be treated in the same manner as a person who has not previously been employed by any
Municipality.
3.4 Re- employment of Retired or Fully Vested Participants: If a retired or fully vested
Participant is re- employed by the Employer, no distributions shall be made from the Plan during
the period of such re- employment. Periods of Service prior to such Participant's retirement or
termination of service, as applicable, shall count as Periods of Service for purposes of
determining such Participant's vested interest in his Municipality Contribution Account.
III -1
ARTICLE IV.
Contributions
4.1 Contributions by Employer: The Employer shall make such contributions as set forth in
the Joinder Agreement. Such contributions shall be made from the operating revenue of the
current taxable year or from accumulated revenue or surplus, as appropriate. The contribution
shall be determined by written action of the Employer stating the amount of such contribution,
and by the payment of such stated amount to the Trustee monthly. Upon execution of the
Joinder Agreement, the Employer will contribute one Dollar ($1.00) to establish the Fund. Any
Participant who received Compensation from the Employer during the Valuation Period shall
share in the Employer's contribution for the Valuation Period, even if not employed on the last
day of the Valuation Period.
All Participant contributions shall be transmitted monthly to the Trustee after being
withheld by the Employer. The Trustee shall hold all such contributions, subject to the provisions
of the Plan and Fund, and no part of these contributions shall be used for, or diverted to, any other
purpose.
4.2 Required Participant Contributions: If the Employer so elects in the Joinder
Agreement, Participants shall not be required to contribute to the Plan.
4.3 Mandatory Contributions: If the Employer so elects in the Joinder Agreement, a
Participant shall contribute to the Plan for each Plan Year the percentage of his Compensation set
forth in the Joinder Agreement. Mandatory Contributions shall be made by payroll deductions.
The Participant shall authorize such deductions in writing on forms approved by, and filed with,
the Committee.
4.4 Voluntary Nondeductible Contributions by Participants: Subject to the limitations of
Sections 5.11 and to such rules of uniform application as the Committee may adopt, each
Participant may elect to make nondeductible contributions to the Plan. The contributions of such
Participant after the Effective Date may be by payroll deduction, which the Participant shall
authorize the Employer to make on written authorization forms designated by and filed with the
Committee, or by cash payments by such Participant to the Trustee. The authorization to make
contributions by payroll deductions shalt be effective on the first day following the Committee's
receipt of the payroll deduction authorization. In addition, a Participant may make Rollover
Contributions notwithstanding the percentage limitations in the first sentence of this Section or
the cash payment requirement of the second sentence of this Section.
4.5 Change of Rate of Voluntary Nondeductible Contributions by Participant: The
Participant may change his rate of payroll deduction at any time, or he may discontinue his
payroll deductions at any time. Any change of rate or discontinuance of payroll deductions shall
be effective on the first payday following the receipt of written notice thereof by the Committee;
provided, however, that not more than one change or discontinuance shall be made within a
calendar month unless otherwise stated by the Committee.
IV -I
The Participant must furnish the Committee at the time of any Participant Contribution or
payroll deduction authorization an election designating the contribution as a Mandatory
Contribution, Deductible Participant Contribution, or a Voluntary Nondeductible Contribution.
4.6 Participant Contributions Nonforfeitable: Each Participant who contributes hereunder
shalt have a nonforfeitable vested interest in that portion of the value of his own contributions
not theretofore previously withdrawn by him.
4.7 Pick -Up Contributions: If the Employer elects in Section 5 of the Joinder Agreement,
all Participants shall be required as a condition of employment to make the contributions
specified in the Joinder Agreement. These contributions shall be picked up and assumed by the
Employer and paid to the Fund in lieu of contributions by the Participant. Such contributions
shall be designated as Employer contributions for federal income tax purposes. Each
Participant's Compensation will be reduced by the amount paid to the Fund by the Employer in
lieu of the required contribution by the Participant. These contributions shall be excluded from
the Participant's gross income for federal income tax purposes and from wages for purposes of
withholding under Sections 3401 through 3404 of the Code in the taxable year in which
contributed. No Participant shall have the option of receiving the contributed amounts directly
as Compensation. Contributions made by the Employer under this election shall be designated
as Participant contributions for purposes of vesting, determining Participant rights and
Participant Compensation. [In order for the Employer to have reliance on whether the Pick -Up
Contributions comply with Section 414(h)(2) of the Code, the Employer must obtain a private
letter ruling from the Internal Revenue Service.]
4.8 Deferred Compensation Contributions: If the Employer elects in the Joinder
Agreement and if such Employer adopted a cash or deferred feature before May 7, 1986, the
following provisions shall apply:
(a) Deferred Compensation Contributions under Code Section 401(k): A
Participant, by written notice to the Plan Administrator, may elect to make a Deferred
Compensation Contribution to the Plan rather than receive Compensation to which the
Participant would otherwise be entitled during the period immediately following such election.
Subject to the limitations of this Section 4.8 and Section 5.11, a Participant's Deferred
Compensation Contribution may be any whole percentage of his Compensation, but in no case
shall a Participant's Deferred Compensation Contribution election exceed the percentage set forth
in the Joinder Agreement. Such election shall be binding until the Participant, by written notice to
the Plan Administrator, modifies or discontinues his Deferred Compensation Contribution. A
Participant's initial election, or modification or discontinuance shall be effective as soon as
administratively practicable following the Plan Administrator's receipt of the Participant's written
notice of election, modification or discontinuance, and shall remain in effect until modified or
terminated. Provided, not more than one change or discontinuance shall be made within a calendar
month unless otherwise stated by the Committee.
Employer contributions made pursuant to this Section 4.8 shall be credited to the
Participant's Participant Deferred Compensation Account. All such Employer contributions shall
IV -2
be paid to the Trustee as soon as practicable following the retention of such amounts by the
Employer from the Participant's Compensation.
(b) Dollar Limitation on Deferred Compensation Contributions:
(i) General Rule. No Participant shall be permitted to make Deferred
Compensation Contributions during any calendar year in excess of the dollar limitation contained
in Section 402(g) of the Code (including, if applicable, the dollar limitation on Catch -Up
Contributions defined in Section 414(v) of the Code) in effect as of the beginning of the taxable
year as adjusted under Section 402(8)(4) of the Code (hereafter referred to as "Excess Elective
Deferrals "). In the case of a Participant who is age 50 or over by the end of the taxable year, the
dollar limitation described in the preceding sentence includes the amount of Deferred
Compensation Contributions that can be Catch -Up Contributions. In the event a Catch -Up
Contribution eligible Participant makes Excess Elective Deferrals, the Plan Administrator shall
cause such Participant's Deferred Compensation Contributions to be recharacterized as Catch -Up
Contributions to the extent necessary to either (i) exhaust his Excess Elective Deferrals, and /or
(ii) increase his Catch -Up Contributions to the applicable limit under Section 414(v) of the Code
for the Plan Year.
(ii) Recharacterization to Meet Limits of Section 402(8) of the Code. In
the event a Participant's Deferred Compensation Contributions for a Plan Year do not equal the
maximum Contributions that may be made under the Plan during that Plan Year for any reason,
the Participant's Catch -Up Contributions for such Plan Year shall be recharacterized as Deferred
Compensation Contributions for all purposes to the extent necessary to increase his Deferred
Compensation Contributions to equal such maximum for such Plan Year.
(iii) Corrective Distributions.
a. General. Notwithstanding any other provision of the Plan to the
contrary, Excess Elective Deferrals (remaining after recharacterization as
discussed above) and income and loss allocable thereto for the applicable calendar
year must be distributed no later than April 15 following the calendar year in
which Excess Elective Deferrals are incurred to avoid penalty, to Participants who
have Excess Elective Deferrals for the preceding calendar year. Provided that,
Excess Elective Deferrals to be distributed for a taxable year will be reduced by
Excess Contributions previously distributed for the Plan Year beginning in such
taxable year. For years beginning after 2005, distribution of Excess Elective
Deferrals for a year shall be made first from the Participant's Account holding
Deferred Compensation Contributions, to the extent Deferred Compensation
Contributions were made for the year, unless the Participant specifies otherwise.
b. Calculation of Income Allocable to Excess Elective Deferrals.
The Plan Administrator shall use the method provided in Section 5.6 herein for
computing the income allocable to corrective distributions pursuant to this
Section. Excess Elective Deferrals are determined on a date that is no more than
seven (7) days before the distribution. For the Plan Year beginning in 2007,
income or loss allocable to the period between the end of the taxable year and the
IV-3
date of distribution ( "gap period") must be taken into account for corrective
distributions. For Plan Years beginning after 2007, income or loss applicable to
the gap will not be taken into account for corrective distributions.
(c) Catch -up Contributions: For Plan Years beginning after December 31, 2001,
all Employees who are eligible to make Deferred Compensation Contributions under this Plan
and who have attained age 50 before the close of the Employee's taxable year shall be eligible to
make Catch -Up Contributions in accordance with, and subject to the limitations of Section
414(v) of the Code. Catch -Up Contributions are Deferred Compensation Contributions made to
the Plan that are in excess of an otherwise applicable Plan limit and that are made by Participants
who are age 50 or over by the end of their taxable years. An otherwise applicable Plan limit is a
limit in the Plan that applies to Deferred Compensation Contributions without regard to Catch -
Up Contributions, such as the limit on Annual Additions and the Code Section 402(g) limit.
Such Catch -Up Contributions shall not be taken into account for purposes of the provisions of
the Plan implementing the required limitations of Sections 402(g) and 415 of the Code. The Plan
shall not be treated as failing to satisfy the provisions of the Plan implementing the requirements
of Section 401(k)(3), 401(k)(11), 401(k)(12), 410(b), or 416 of the Code, as applicable, by
reason of the making of such Catch -Up Contributions.
(d) Roth Elective Deferrals:
(i) General Application.
(1) If elected by the Employer in the Joinder Agreement, this
Subsection (d) will apply to Contributions beginning with the effective date specified in the
adoption agreement but in no event before the first day of the first taxable year beginning on or
after January 1, 2006.
(2) As of the effective date under Subsection (1), the Plan will accept
Roth elective deferrals made on behalf of Participants. A Participant's Roth elective deferrals
will be allocated to a separate account maintained for such deferrals as described in Subsection
(ii)
(3) Unless specifically stated otherwise, Roth elective deferrals will be
treated as elective deferrals for all purposes under the Plan. Roth elective deferrals that are
determined to be excess elective deferrals shall be corrected by distribution in the manner set
forth in Section 4.8.
(ii) Separate Accounting.
(1) Contributions and withdrawals of Roth elective deferrals will be
credited and debited to the Roth elective deferral account maintained for each Participant.
(2) The Plan will maintain a record of the amount of Roth elective
deferrals in each Participant's account.
IV -4
(3) Gains, losses, and other credits or charges must be separately
allocated on a reasonable and consistent basis to each Participant's Roth elective deferral account
and the Participant's other accounts under the Plan.
(4) No contributions other than Roth elective deferrals and properly
attributable earnings will be credited to each Participant's Roth elective deferral account.
(iii) Direct Rollovers.
(l) Notwithstanding Section 9.5, a direct rollover of a distribution
from a Roth elective deferral account under the Plan will only be made to another Roth elective
deferral account under an applicable retirement plan described in § 402A(e)(1) or to a Roth IRA
described in Code Section 408A, and only to the extent the rollover is permitted under the rules
of Code Section 402(c).
(2) Notwithstanding Section 9.5, if elected by the Employer in the
Joinder Agreement, the Plan will accept a rollover contribution to a Roth elective deferral
account only if it is a direct rollover from another Roth elective deferral account under an
applicable retirement plan described in Code Section 402A(e)(1) and only to the extent the
rollover is permitted under the rules of Code Section 402(c).
(3) The Plan will not provide for a direct rollover (including an
automatic rollover) for distributions from a Participant's Roth elective deferral account if the
amount of the distributions that are eligible rollover distributions are reasonably expected to total
less than $200 during a year. In addition, any distribution from a Participant's Roth elective
deferral account is not taken into account in determining whether distributions from a
Participant's other accounts are reasonably expected to total less than $200 during a year.
However, eligible rollover distributions from a Participant's Roth elective deferral account are
taken into account in determining whether the total amount of the Participant's account balances
under the Plan exceeds $1,000 for purposes of mandatory distributions from the plan.
(iv) Definition.
(1) Roth Elective Deferrals. A Roth elective deferral is an elective
deferral that is:
a. Designated irrevocably by the Participant at the time of the
cash or deferred election as a Roth elective deferral that is being made in lieu of
all or a portion of the pre -tax elective deferrals the Participant is otherwise
eligible to make under the plan; and
b. Treated by the Employer as includible in the Participant's
income at the time the Participant would have received that amount in cash if the
Participant had not made a cash or deferred election.
IV -5
ARTICLE V.
Accounting, Allocation and Valuation
5.1 Accounts: The Committee shall maintain a separate Municipality Contribution Account,
Participant Nondeductible Contribution Account, Participant Mandatory Contribution Account,
Participant Deductible Contribution Account, Participant Rollover Account, Participant Deferred
Compensation Contribution Account, Catch -Up Contribution Account, Pick -Up Contributions
Account and Loan Account as necessary for each Participant. A separate sub - account for each
such Account shall be maintained for each Investment Option offered in accordance with Section
5.12. All such Accounts shall be credited or debited as herein provided.
5.2 Eligibility for Allocation: Employer contributions together with Amounts Forfeited as of
the Valuation Date shall be allocated to the Municipality Contribution Accounts of Participants.
5.3 Allocation of Contribution: The Employer contributions, together with Amounts
Forfeited as of the prior Valuation Date shall be allocated in the manner elected by the Employer
in the Joinder Agreement.
5.4 Allocation of Amounts Forfeited: No Amount Forfeited attributable to the contribution
of one Employer adopting this Plan may be allocated for the benefit of Participants of the Plan of
any other adopting Employer.
5.5 Value of Account: The value of a Participant's Account is equal to the sum of all
contributions, earnings or losses, and other additions credited to the Account, less all
distributions (including distributions to Beneficiaries and to alternate payees and also including
disbursement of Plan loan proceeds), forfeitures, expenses and other charges against the Account
as of a Valuation Date or other relevant date. For purposes of a distribution under the Plan, the
value of a Participant's Account balance is its value as of the Valuation Date immediately
preceding the date of the distribution. The value of a Participant's Account is the fair market
value of the assets in the account.
5.6 Allocation of Investment Earnings and Losses: As of each Valuation Date, the
Accounts will be adjusted to reflect the earnings and losses since the last Valuation Date.
Earnings or losses will be allocated using the daily valuation method so that earnings or losses
will be allocated on each day of the Plan Year for which Plan assets are valued on an established
market.
5.7 Accounting for Participants' Contributions: Contributions by or on behalf of each
Participant shall be credited to his Participant Nondeductible Contribution Account, Participant
Mandatory Contribution Account, Participant Deductible Contribution Account, Catch -Up
Contribution Account, Pick -Up Contribution Account, or Participant Deferred Compensation
Contribution Account as deposited with the Trustee.
5.8 Accounting for Statement of Account: As soon as is administratively feasible, the
Committee shall present to each Participant a statement of such Participant's Accounts, at least
annually, showing the balances at the beginning of the reported period, any changes during the
reported period, the balances at the end of the reported period, and such other information as the
Committee may determine. However, neither the maintenance of accounts, the allocations to
V -1
Accounts, nor the statements of account shall operate to vest in any Participant any right or
interest in or to the Fund except as the Plan specifically provides herein.
5.9 Time of Adjustment: Each adjustment required by this Article V shall be deemed to
have been made at the times specified in this Article V, regardless of the dates of actual entries
or receipts by the Trustee of contributions for such Plan Year.
5.10 Special Valuation Date: if the Committee determines that a substantial change in the
value of any Investment Fund has occurred since the last Valuation Date, the Committee may,
prior to the next Valuation Date, establish one or more Special Valuation Dates and determine
the.adjushnent required to make the total net credit balance in the Accounts of the then
Participants equal to the then market value of the total assets of the Fund. Stich adjustments shall
be made consistent with the procedure specified in Section 5.5. Having determined such
adjustment, all distributions which are to be made as of or after such special Valuation Date, but
prior to the next succeeding Valuation Date or Special Valuation Date, shall be made as if the net
credit balances in all Accounts had actually been credited or debited to reflect the adjustment
provided by this Section.
5.11 Limitation on Allocation of Employer Contributions: The following provisions will be
applicable in determining if the Plan and the Employer contributions thereto satisfy the
requirements of Section 415 of the Code and the regulations thereunder. Except to the extent
permitted under Section 4.8(c) of this Plan and Section 414(v) of the Code, if applicable, the
Annual Additions that may be contributed or allocated to a Participant's Accounts under the Plan
for any limitation year shall not exceed the Maximum Permissible Amount.
(a) Definitions: For the purposes of this Section the following definitions shall be
applicable:
(i) Annual Additions: For purposes of the Plan, "Annual Additions" shall
mean the amount allocated to a Participant's Account during the Limitation Year that constitutes:
(1) Employer contributions,
(2) Employee Deferred Compensation Contributions or Roth
Contributions (excluding excess deferrals that are distributed in accordance with Treas. Reg.
§ 1.402(g)- 1(e)(2) or (3)),
(3) Forfeitures, and
(4) Amounts allocated to an individual medical account, as defined in
Section 415(1)(2) of the Code, which is part of a pension or annuity plan maintained by the
Employer are treated as annual additions to a defined contribution plan; and amounts derived
from contribution plans or accrued after December 31, 1985, and taxable years ending after such
date, which are attributable to post - retirement medical benefits, allocated to the separate account
of a key employee, as defined in Section 419(A)(d)(3) of the Code, under a welfare benefit fund,
as defined in Section 419(e) of the Code, maintained by the Employer are treated as annual
addition to a defined contribution plan.
V -2
Annual additions for purposes of Code § 415 shall not include restorative payments. A
restorative payment is a payment made to restore losses to a Plan resulting from actions by a
fiduciary for which there is reasonable risk of liability for breach of a fiduciary duty under
federal or state law, where participants who are similarly situated are treated similarly with
respect to the payments. Generally, payments are restorative payments only if the payments are
made in order to restore some or all of the Plan's losses due to an action (or a failure to act) that
creates a reasonable risk of liability for such a breach of fiduciary duty (other than a breach of
fiduciary duty arising from failure to remit contributions to the Plan). This includes payments to
a plan made pursuant to a court- approved settlement, to restore losses to a qualified defined
contribution plan on account of the breach of fiduciary duty (other than a breach of fiduciary
duty arising from failure to remit contributions to the Plan). Payments made to the Plan to make
up for losses due merely to market fluctuations and other payments that are not made on account
of a reasonable risk of liability for breach of a fiduciary duty are not restorative payments and
generally constitute contributions that are considered annual additions.
Annual additions for purposes of Code § 415 shall not include: (1) The direct transfer of a
benefit or employee contributions from a qualified plan to this Plan; (2) rollover contributions (as
described in Code §§ 401(a)(31), 402(c)(1), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16));
(3) repayments of loans made to a participant from the Plan; and (4) repayments of amounts
described in Code § 411(a)(7)(B) (in accordance with Code § 411(a)(7)(C)) and Code
§ 411(a)(3)(D), as well as Employer restorations of benefits that are required pursuant to such
repayments.
I£, in addition to this Plan, the Participant is covered under another qualified plan which is a
defined contribution plan maintained by the Employer, a welfare benefit fund, as defined in
Section 419(e) of the Code maintained by the Employer, or an individual medical benefit
account, as defined in Section 415(1)(2) of the Code maintained by the Employer, which
provides for Annual Additions during any Limitation Year, then the Annual Additions which
may be credited to a Participant's Account under this Plan for any such Limitation Year will not
exceed the Maximum Permissible Amount reduced by the Annual Additions credited to a
Participant's Account under the other plans and welfare benefit funds for the same Limitation
Year. If the Annual Additions with respect to the Participant under other defined contribution
plans and welfare benefit plans maintained by the Employer are less than the Maximum
Permissible Amount and the Employer contribution that would otherwise be contributed or
allocated to the Participant's Account under this Plan would cause the Annual Additions for the
Limitation Year to exceed this limitation, the amount contributed or allocated will be reduced so
that the Annual Additions under all such plans and funds for the Limitation Year will equal the
Maximum Permissible Amount. If the Annual Additions with respect to the Participant under
such other defined contribution plans and welfare benefit funds in the aggregate are equal to or
greater than the Maximum Permissible amount, no excess amount will be contributed or
allocated to a Participant's Account under this Plan for the Limitation Year.
(ii) Actual Compensation: The words "Actual Compensation" shall mean a
Participant's wages, salaries, and fees for professional services and other amounts received
without regard to whether or not an amount is paid in cash for personal services actually
rendered in the course of employment with the Employer, to the extent that the amounts are
includible in gross income (or to the extent amounts deferred at the election of the Employee
V -3
would be includible in gross income but for the rules of Sections 125, 132 (for limitation years
beginning after December 31, 2001), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b) of the Code).
These amounts include, but are not limited to, commissions paid salesmen, compensation for
services on the basis of a percentage of profits, commissions on insurance premiums, tips and
bonuses, fringe benefits, and reimbursements or other expense allowances tinder a
nonaccountable plan as described in Treas. Reg. §1.62- 2(c)). For years beginning after
December 31, 2008, (i) an individual receiving a differential wage payment, as defined by Code
§3401(h)(2), is treated as an employee of the employer making the payment, (ii) the differential
wage payment is treated as Actual Compensation, and (iii) the Plan is not treated as failing to
meet the requirements of any provision described in Code §414(u)(1)(C) by reason of any
contribution or benefit which is based on the differential wage payment.
For purposes of applying the limitations described in this Section 5.11 of the Plan, Compensation
paid or made available during such limitation years shall include elective amounts that are not
includable in the gross income of the Employee by reason of Code Section 132(f)(4).
Actual Compensation shall be adjusted, as set forth herein, for the following types of
compensation paid after a Participant's severance from employment with the Employer
maintaining the Plan (or any other entity that is treated as the Employer pursuant to Code
§ 414(b), (c), (m) or (o)). However, amounts described in Subsections (a) and (b) below may
only be included in Actual Compensation to the extent such amounts are paid by the later of 2%=
months after severance from employment or by the end of the limitation year that includes the
date of such severance from employment. Any other payment of compensation paid after
severance of employment that is not described in the following types of compensation is not
considered Actual Compensation within the meaning of this Section, even if payment is made
within the time period specified above.
(1) Regular Pay: Actual Compensation shall include regular pay
after severance of employment if:
A. The payment is regular compensation for services during
the Participant's regular working hours, or compensation for services outside the Participant's
regular working hours (such as overtime or shift differential), commissions, bonuses, or other
similar payments; and
B. The payment would have been paid to the Participant prior
to a severance from employment if the Participant had continued in employment with the
Employer.
(2) Leave Cashouts and Deferred Compensation: Leave cashouts
shall not be included in Actual Compensation. In addition, deferred compensation shall be
included in Actual Compensation.
(3) Salary Continuation Payments for Disabled Participants:
Actual Compensation does not include compensation paid to a Participant who is permanently
and totally disabled (as defined in Code § 22(e)(3)).
(iii) Excess Amount; The words "Excess Amount" shall mean the excess of
the Participant's Annual Additions for the applicable Limitation Year over the Maximum
Permissible Amount.
V -4
(iv) Maximum Permissible Amount: The words "Maximum Permissible
Amount" shall mean for the applicable Limitation Year, the "maximum permissible amount"
(except for Employee Catch -Up Contributions under Section 414(v) of the Code) which may be
contributed or allocated to or made with respect to any Participant which amount shall be the
lesser of:
(1) $56,000, as adjusted for cost -of- Jiving tinder Code Section 415(d)
the "Defined Contribution Dollar Limitation," or
(2) 100% of the Participant's Actual Compensation for the Limitation
Year.
The compensation limitation referred to above shall not apply to: any contribution for medical
benefits (within the meaning of Section 419A(f)(2) of the Code) after separation from service
which is otherwise treated as an Annual Addition, or any amount otherwise treated as an Annual
Addition under Section 415(1)(1) of the Code.
(b) Determination of Excess: If an excess amount was allocated to a Participant on
an allocation date of this Plan which coincides with an allocation date of another plan, the excess
amount attributed to this Plan will be the product of (1) the total excess amount allocated as of
such date times (2) the ratio of (i) the Annual Additions allocated to the Participant for the
Limitation Year as of such date under this Plan to (ii) the total Annual Additions allocated to the
Participant for the Limitation Year as of such date under this and all other qualified plans which
are defined contribution plans.
(c) Treatment of Excess: Notwithstanding any provision of the Plan to the contrary,
if the annual additions (within the meaning of Code § 415) are exceeded for any participant, then
the Plan may be able to correct such excess in accordance with the Employee Plans Compliance
Resolution System ( EPCRS) as set forth in Revenue Procedure 2018 -52 or any superseding
guidance, including, but not limited to, the preamble of the final § 415 regulations. however,
EPCRS may not be available in all situations.
5.12 Investment Options:
(a) Self- Directed: If the Employer elects in the Joinder Agreement, each Participant
in the Plan is hereby given the specific authority to direct the investment of all or any portion of
his Accounts in one or more Investment Options provided under this Plan in accordance with the
procedures established by the Committee. If a Participant does not designate an Investment
Option for his Accounts, his Accounts will be invested in the age -based balanced fund or such
other Investment Option as may be designated by the Trustees. For purposes of this Section, the
Participants shall be exercising full investment control, discretion, authority and fiduciary
responsibility as provided in this Plan of the investments in such Participants' applicable
Accounts.
(b) Non - Self - Directed: If the Employer does not elect in the Joinder Agreement to
allow self - directed investments, all Accounts will be invested in the Balanced Fund or such other
Investment Option as may be designated by the Trustees.
V -5
ARTICLE VI.
Benefits
6.1 Retirement or Disability: If a Participant's employment with the Employer is
terminated when lie attains age sixty -five (65), or if a Participant's employment is terminated at
an earlier age as the result of a Disability, he shall be entitled to receive the entire amount of his
Municipality Contribution Account.
6.2 Deferred Retirement: If a Participant, with the consent of the Employer, shall continue
in active employment following his Normal Retirement Date, he shall continue to participate
under the Plan. Upon actual retirement, such Participant shall be entitled to receive.the entire
amount of his Municipality Contribution Account as of his actual retirement date.
6.3 Death of a Participant: Upon the death of a Participant, his Beneficiary shall be entitled
to receive the entire amount of his Municipality Contribution Account and Participant
Contribution Accounts as of the date of his death. In the case of a death occurring on or after
January 1, 2007, if a Participant dies while performing qualified military service (as defined in
Code § 414(u)), the survivors of the Participant are entitled to any additional benefits (other than
benefit accruals relating to the period of qualified military service) provided under the Plan as if
the Participant had resumed and then terminated employment on account of death.
6.4 Termination for Other Reasons - Vested Percentage: If a Participant's employment
with the Employer is terminated before his Normal Retirement Date for any reason other than
Disability or death, he shall be entitled to an amount equal to the vested percentage of his
Municipality Contribution Account. Such vested percentage shall be determined as of the date
of termination in accordance with the election of the Employer in the Joinder Agreement.
6.5 Initial Distribution Date: The date of initial distribution ( "Initial Distribution Date') of
a Participant whose employment is terminated and provided that the Participant requests a
distribution, shall be as soon as practicable following his termination of employment and he shall
be entitled to the vested percentage of his Accounts on such Initial Distribution Date payable in
accordance with the provisions of Section 6.10. The portion of the Employer's contribution, the
Amounts Forfeited or the periodic adjustment which is allocated to a Participant terminated for the
reasons specified in Section 6.4 after such Initial Distribution Date shall be payable in accordance
with the method utilized under Section 6.10 as soon as practicable.
6.6 Determination of Amounts Forfeited: Upon a distribution pursuant to Section 6.4 or if
the Participant incurs a Break in Service, the forfeited percentage of a Participant's Municipality
Contribution Account, if any, shall be deducted from the Participant's Account. Such Amounts
Forfeited shall become available for allocation in accordance with Item 8 of the Joinder
Agreement as of the end of the calendar quarter following the Valuation Period in which the
terminated Participant forfeited such amounts.
6.7 Participant Contribution Accounts: A Participant shall be fully vested in his
Participant Contribution Accounts at all times. A Participant's Contribution Account balances
shall be paid to him in connection with the distribution to him of the vested portion of his
VI -1
Municipality Contribution Account on or after his Initial Distribution Date. Such distributions
shall be made in accordance with Section 6.10 and Section 6.8.
6.8 Withdrawals from Participant's Contribution Accounts: In accordance with the
provisions hereof, a Participant may withdraw all or any part of his Participant Contribution
accounts by filing a written application with the Administrator. Such withdrawal shall be
effective no sooner than thirty (30) (unless waived by the Participant) but not later than ninety
(90) days after the Participant's receipt from the Plan Administrator of a rollover notice required
by Code Section 402(f). A Participant who withdraws all or part of his Participant Contribution
Account balances shall not forfeit his proportionate share of net income, gains and profits, if any,
for the Valuation Periods previously allocated to his Participant Contribution Accounts, nor any
portion of his Municipality Contribution Account but the Participant's Contribution Accounts
shall not share (to the extent of any withdrawals) in any net income for the Valuation Period in
which the withdrawal occurs. For any distribution notice issued in Plan Years beginning after
December 31, 2006, any reference to the 90 -day maximum notice period prior to distribution in
applying the notice requirements of Code § §402(f) (the rollover notice), or 411(a)(11)
(Participant's consent to distribution) will become 180 days.
(a) Participant Deductible Contribution Account: If allowed in the Joinder
Agreement, a Participant may withdraw all or any part of his Participant Deductible Contribution
Account (but not to exceed the amount in his Participant Deductible Contribution Account at the
time of withdrawal) by filing a written application with the Plan Administrator. Such withdrawal
may be made no more often than once a year. If at the time of the withdrawal the Participant has
not attained age 59%2 or is not disabled, the Participant will be subject to a federal income tax
penalty unless such withdrawal is rolled over to a qualified plan or individual retirement account
within sixty (60) days of the date of distribution.
(b) Participant Nondeductible Contribution Account: A Participant may withdraw
all or any part of his Participant Nondeductible Contribution Account by filing a written
application with the Plan Administrator.
(c) Participant Deferred Compensation Contribution Account: Notwithstanding
any other provision of this Plan, no amount in a Participant's Deferred Contribution Account may
be distributed to a Participant earlier than such Participant's retirement, death, Disability, or
severance from employment. The above distribution requirements shall be strictly interpreted by
the Plan Administrator to conform with the requirements of Section 401(k) of the Code and future
amendments or Internal Revenue Service interpretations thereof. If a Participant is allowed to
withdraw from his Participant Deferred Compensation Contribution Account, the provisions of the
first paragraph of this Section 6.8 shall apply to such withdrawals. Notwithstanding the foregoing,
for purposes of Code §401(k)(2)(B)(i)(I), effective January 1, 2009, an individual is treated as
having been severed from employment during any period the individual is performing service in
the uniformed services described in Code §3401(h)(2)(A). If an individual elects to receive a
distribution by reason of severance from employment, death or disability, the individual may not
make an elective deferral or Employee contribution during the 6 -month period beginning on the
date of the distribution.
VI -2
(d) Pick -up Contribution Account: Notwithstanding any other provision of this
Plan, no amount in a Participant's Pick -Up Contribution Account may be distributed to a
Participant earlier than such Participant's retirement, death, Disability, or separation from
service. If a Participant is allowed to withdraw from his Pick -Up Contribution Account, the
provisions of the first paragraph of this Section 6.8 shall apply.
6.9 Withdrawals from Participant's Mandatory Contribution Account: A Participant
may not withdraw any portion of his Participant Mandatory Contribution Account prior to the
termination of his employment. Such account balances will be paid at the same time and in the
same manner as such Participant's Municipality Contribution Account.
6.10 Methods of Distribution: On and after each Participant's Initial Distribution Date, after
all adjustments to his Accounts required as of such date shall have been made, distribution of his
share shall be made to or for the benefit of the Participant or, in case of his death, to or for the
benefit of his Beneficiary, by one of the following methods, as determined by the Committee:
(a) a lump sum distribution;
(b) an installment distribution consisting of approximately equal installments for a term
not exceeding ten (10) years;
(c) an installment distribution consisting of approximately equal installments for a term
not extending beyond the joint life expectancy (as calculated in accordance with Income Tax
Regulation section 1.72 -9) on the Initial Distribution Date of the Participant and his spouse;
(d) periodic distributions as designated by the Participant or Beneficiary; or
(e) purchase of an annuity.
Commencement of payments under the method of distribution selected shall be as of the initial
Distribution Date of the Participant, provided that for administrative convenience, such
commencement may be delayed as reasonably necessary but in no event for more than sixty (60)
days after a reasonable time for all administrative calculations, allocations and accounting
operations necessary to determine the amount of the distribution. The Committee, in its sole
discretion, may accelerate the payment of any unpaid installments. If a former Participant
receiving installment payments dies prior to the receipt by him of the full amount to be paid to him
from his Participant Accounts, the remaining installments shall be paid to his Beneficiary. Under
no circumstance may a method of payment be elected that would be expected to cause more than
fifty percent (50 %) of the present value of any series of payments to go to a person other than the
Participant.
6.11 Designation of Beneficiary: Each Participant shall designate his Beneficiary on a form
provided by the Committee and such designation may include primary and contingent
Beneficiaries. If Participant designates more than one Beneficiary, each shall share equally
unless the Participant specifies a different allocation. The designation may be changed at any
time by filing a new form with the Committee. In the absence of such written designation, the
surviving spouse, if any, of the Participant shall be deemed to be the designated Beneficiary, and
otherwise the estate of such Participant. Further, the written designation of the Participant's
spouse may be voided upon divorce of the Participant if required by applicable state law. In all
events, the date of determination of a Participant's Beneficiary shall be the date of death of a
VI -3
Participant. Production of a certified copy of the death certificate of any Participant or other
persons shall be sufficient evidence of death, and the Committee shall be fully protected in
relying thereon.
6.12 Payments Under a Qualified Domestic Relations Order:
(a) The Municipality shall follow the terms of any "Qualified Domestic Relations
Order" as defined in Subsection (b) below issued with respect to a Participant where such
Qualified Domestic Relations Order grants to an "Alternate Payee" rights in the benefit of the
Participant.
(b) The term "Qualified Domestic Relations Order" means an order issued by the
District Court of the State of Oklahoma pursuant to the domestic relations laws of the State of
Oklahoma which relates to the provision of marital property rights to a spouse or former spouse of
a Participant and which creates or recognizes the existence of an Alternate Payee's right to, or
assigns to an Alternate Payee the right to receive a portion of the benefits payable with respect to a
Participant of the Plan.
(c) To qualify as an Alternate Payee, a spouse or former spouse must have been
married to the Participant for a period of not less than thirty (30) continuous months immediately
preceding the commencement of the proceedings from which the Qualified Domestic Relations
Order issues.
(d) A Qualified Domestic Relations Order is valid and binding on the Trustees and the
Participant only if it meets the requirements of this Section.
(e) A Qualified Domestic Relations Order shall clearly specify:
1) the name, social security number, and last -known mailing address (if any)
of the Participant, and the name and mailing address of the alternative payee covered by the order;
2) the amount or percentage of the Participant's benefits to be paid by the Plan
to the AIternate Payee;
3) the characterization of the benefit as to marital property rights, and whether
the benefit ceases upon the death or remarriage of the Alternate Payee; and,
4) each plan to which such order applies.
(1) A Qualified Domestic Relations Order meets the requirements of this Section only
if such order:
1) does not require the Plan to provide any type or form of benefit, or any
option not otherwise provided under the Plan;
2) does not require the Plan to provide increased benefits; and,
VI -4
3) does not require the payment of benefits to an Alternate Payee which are
required to be paid to another Alternate Payee pursuant to another order previously determined to
be a Qualified Domestic Relations Order, or an order recognized by the Plan as a valid order prior
to the effective date of the Plan.
(g) A Qualified Domestic Relations Order shall not require payment of benefits to an
Alternate Payee prior to the actual retirement date or withdrawal of the related member.
(h) In the event a Qualified Domestic Relations Order requires the benefits payable to
an Alternate Payee to terminate upon the remarriage of said Alternate Payee, the Plan shall
terminate said benefit only upon the receipt of a certified copy of a marriage license, or a copy of a
certified order issued by the Court that originally issued said Qualified Domestic Relations Order
declaring the remarriage of said Alternate Payee.
(i) This Section of the Plan shall not be subject to the provisions of the Employee
Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. Section 1001, et seq., as amended
from time to time, or rules and regulations promulgated thereunder, and court cases interpreting
said Act.
0) Effective on or after April 6, 2007, a domestic relations order that otherwise
satisfies the requirements for a QDRO will not fail to be a QDRO: (i) solely because the order is
issued after, or revises, another domestic relations order or QDRO; or (ii) solely because of the
time at which the order is issued, including issuance after the annuity starting date.
(k) The Board of Trustees of the Oklahoma Municipal Retirement Fund shall
promulgate such rules as are necessary to implement the provisions of this Section.
(1) An Alternate Payee who has acquired beneficiary rights pursuant to a valid
Qualified Domestic Relations Order must fully comply with all provisions of the rules promulgated
by the Trustees pursuant to this Section in order to continue receiving his or her benefits.
(m) Nothing in this Section shall grant a spouse or former spouse of a Participant any
property rights in the benefits of any Participant except as specifically authorized for Qualified
Domestic Relations Orders, and no spousal consent shall be required for a Participant to elect or
change elections pertaining to a benefit payable under this Plan.
6.13 Loans to Participants:
(a) General: The Committee, in its sole discretion, may direct Trustees to make
loans to Participants upon the written direction and application of the Participant who desires to
effect such loan, up to 50% of the vested balance of a Participant's Accounts. All such loans
(i) shall not be made available to Highly Compensated Employees (as defined in Section 414(q)
of the Code) in an amount greater than the amount made available to other Employees, (ii) shall
be available to all Participants on a nondiscriminatory basis, (iii) shall be made available in an
amount equal to the lesser of 50% of the borrowing Participant's vested Benefit in his Account
or $50,000, (iv) shall bear a reasonable rate of interest which will be established by the
Committee, (v) shall be secured by the borrowing Participant's Benefit account balance
attributable to his Account, (vi) shall be amortized and repaid in level payments of principal and
VI -5
interest made not less frequently than monthly over the term of the loan, (vii) shall be repaid by
payroll reduction while the Participant is employed; (viii) shall accelerate and be due in full on
the date a Participant terminates employment with the Employer; (ix) shall not be less than
$1,000 in amount each; and (x) shall be made upon such other reasonable terms which the
Committee shall designate, such terms being applied in a nondiscriminatory fashion; provided, in
no event shall any loan have a tern in excess of five years. There shall not be more than one or
two loans outstanding (as elected by the Employer) at any time with respect to a Participant. No
Participant who has borrowed from the Plan may make another loan until the previous loan has
been fully repaid. Outstanding loans are not subject to refinancing by a new loan. Upon
direction by the Committee, and subject to Subsection (c) below, the Trustees may foreclose
upon such Participant's interest in his Account in the event of default. A loan to a Participant,
when added to the outstanding balance of all other loans to the Participant from the Plan and
other plans sponsored by the Employer, cannot exceed $50,000, reduced by the excess of the
highest outstanding balance of loans from the Plan (and all other plans sponsored by the
Employer) during the one -year period ending on the day before the date the loan is made over
the outstanding balance of the loans from the Plan on the date the loan is made. No distribution
of a Benefit shall be made to any Participant, Beneficiary or the estate of a Participant unless and
until all unpaid loans made by the Plan to such Participant together with accrued interest have
been paid in full. In determining if any of the foregoing limitations regarding the making of
loans to Participants, loans made under all other plans (i) sponsored by the Employer and (ii)
qualified under Sections 401(a) and 501(a) of the Code will be considered. All costs and
expenses of any loan will be charged to the applicable Accounts of the Participant.
(b) Establishment of Loan Account: At such time as it is deternined that a
Participant is to receive a loan from the Plan, the loan shall be made from the Participant's
applicable Account in the order and precedence indicated hereafter and such amount shall be
deemed to be credited to the Participant's Loan Account with a corresponding debit to occur to
his Account: (i) first, an Account holding Employer contributions, including "rollover
contributions" (other than Deferred Compensation Contributions, if applicable); (ii) second, an
Account holding Deferred Compensation Contributions, if applicable; and (iii) third, an Account
holding contributions picked up and assumed by the Employer pursuant to Section 4.7 of this
Plan. All interest payments to be made pursuant to the terms and provisions of the loan shall be
credited to the applicable Account in such a manner so that the Loan Account will reflect unpaid
principal and interest from time to time. The earnings attributable to the Loan Account shall be
allocable only to the Loan Account of such Participant and shall not be considered as general
earnings of the Trust Fund to be allocated to the other Participants therein as provided herein.
Other than for the limited purposes of establishing a separate account for the allocation of the
interest thereto, a Participant's Loan Account shall, for all other purposes, be considered as part
of his applicable Account.
(c) Foreclosure of Loan Account: The Trustees may foreclose upon such
Participant's interest in his Account in the event of default under the loan made to the Participant
under this Section.
(d) Special Restrictions on Foreclosure: In the event of default under a loan made
under this Section, foreclosure under the promissory note evidencing such loan and attachment
of the Participant's interest in his applicable Accounts shall occur within a reasonable time
Berl
following the event of default; provided, with respect to any portion of a loan secured by
amounts governed under Section 401(k) of the Code, if applicable, foreclosure on such 401(k)
amounts shall not occur until the occurrence of an event described under Section 401(k) of the
Code which would otherwise permit a distribution to be made from the Plan.
(e) Establishment of Loan Program: The Trustees are hereby authorized and
directed to establish a "loan program" (the "Loan Program ") and the Trustees are further
authorized to delegate to the Committee the duties and responsibilities with regard to the
implementation of the Loan Program as adopted by the Trustees for and on behalf of the Plan.
The Loan Program shall be considered to be a part of this Plan for the purposes stated in the
Loan Program.
(1) Loan Account: The words "Loan Account" shall mean a Participant's separate
Account established in the event he desires to make a loan from his applicable Account as
provided in this Section 6.13.
6.14 Required Minimum Distributions: The provisions of this Section 6.14 will apply for
purposes of determining Required Minimum Distributions for distribution calendar years
beginning with the 2003 calendar year, as well as Required Minimum Distributions for the 2002
Distribution Calendar Years that are made on or after August 1, 2002. The requirements of this
Section will take precedence over any inconsistent provisions of the Plan. All distributions
required under this Section will be determined and made in accordance with the Treasury
regulations under Section 401(a)(9) and the minimum distribution incidental benefit requirement
of Section 401(a)(9)(G) of the Internal Revenue Code. Notwithstanding the other provisions of
this Section, distributions may be made under a designation made before January 1, 1984, in
accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and
the provisions of the Plan that relate to Section 242(b)(2) of TEFRA.
(a) Limits on Distribution Periods: As of the first distribution calendar year,
distributions, if not made in a single -sum, may only be made over one of the following periods
(or a combination thereof): (1) the life of the. participant; (2) the life of the participant and a
designated beneficiary; (3) a period certain not extending beyond the life expectancy of the
participant; or (4) a period certain not extending beyond the joint and last survivor expectancy of
the participant and a designated beneficiary.
(b) Time and Manner of Distribution:
(i) Required Beginning Date. The Participant's entire interest will be distributed,
or begin to be distributed, to the Participant no later than the Participant's Required Beginning
Date. For purposes of this Section, the "Required Beginning Date" of a Participant is the April 1
of the calendar year following the later of the calendar year in which the Participant attains age
70 %z or the calendar year in which the Participant retires.
(ii) Death of Participant Before Distributions Begin. If the Participant dies
before distributions begin, the Participant's entire interest will be distributed, or begin to be
distributed, no later than as follows:
(1) If the Participant's surviving spouse is the Participant's sole
VI -7
designated Beneficiary, then, distributions to the surviving spouse will begin by December 31 of
the calendar year immediately following the calendar year in which the Participant died, or by
December 31 of the calendar year in which the Participant would have attained age 70%:, if later.
(2) If the Participant's surviving spouse is not the Participant's sole
designated Beneficiary, then, distributions to the designated Beneficiary will begin by December
31 of the calendar year immediately following the calendar year in which the Participant died.
(3) If there is no designated Beneficiary as of September 30 of the year
following the year of the Participant's death, the Participant's entire interest will be distributed
by December 31 of the calendar year containing the fifth anniversary of the Participant's death.
(4) If the Participant's surviving spouse is the Participant's sole
designated Beneficiary and the surviving spouse dies after the Participant but before distributions
to the surviving spouse begin, this Subsection (ii), other than Subsection (ii)(1), will apply as if
the surviving spouse were the Participant.
For purposes of this Subsection (ii) and Subsection (d), unless Subsection (ii)(1) applies,
distributions are considered to begin on the Participant's Required Beginning Date. If
Subsection (ii)(1) applies, distributions are considered to begin on the date distributions are
required to begin to the surviving spouse under Subsection (ii)(4). If distributions under an
annuity purchased from an insurance company irrevocably commence to the Participant before
the Participant's Required Beginning Date (or to the Participant's surviving spouse before the
date distributions are required to begin to the surviving spouse under Subsection (ii)(4)), the date
distributions are considered to begin is the date distributions actually commence.
(iii) Forms of Distribution. Unless the Participant's interest is distributed in the
form of an annuity purchased from an insurance company or in a single stun on or before the
Required Beginning Date, as of the first distribution calendar year distributions will be made in
accordance with Subsections (c) and (d) of this Section. If the Participant's interest is distributed
in the form of an annuity purchased from an insurance company, distributions thereunder will be
made in accordance with the requirements of Section 401(a)(9) of the Code and the Treasury
regulations.
(c) Required Minimum Distributions During Participant's Lifetime:
(i) Amount of Required Minimum Distribution For Each Distribution
Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed
for each distribution calendar year is the lesser of:
(1) the quotient obtained by dividing the Participant's Account balance
by the distribution period in the Uniform Lifetime Table set forth in Section 1.401(a)(9) -9,
Q &A -2, of the Treasury regulations, using the Participant's age as of the Participant's birthday in
the distribution calendar year; or
(2) if the Participant's sole designated Beneficiary for the distribution
calendar year is the Participant's spouse, the quotient obtained by dividing the Participant's
Account balance by the number in the Joint and Last Survivor Table set forth in Section
WE-]
1.401(a)(9) -9, Q &A -3, of the Treasury regulations, using the Participant's and spouse's attained
ages as of the Participant's and spouse's birthdays in the distribution calendar year.
(ii) Lifetime Required Minimum Distributions Continue Through Year of
Participant's Death. Required minimum distributions will be determined under this Subsection
(c) beginning with the first distribution calendar year and up to and including the distribution
calendar year that includes the Participant's date of death.
(d) Required Minimum Distributions After Participant's Death:
(i) Death On or After Date Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the
Participant dies on or after the date distributions begin and there is a designated Beneficiary, the
minimum amount that will be distributed for each distribution calendar year after the year of the
Participant's death is the quotient obtained by dividing the Participant's Account balance by the
longer of the remaining life expectancy of the Participant or the remaining life expectancy of the
Participant's designated Beneficiary, determined as follows:
a. The Participant's remaining life expectancy is calculated
using the age of the Participant in the year of death, reduced by one for each subsequent year.
b. If the Participant's surviving spouse is the Participant's sole
designated Beneficiary, the remaining life expectancy of the surviving spouse is calculated for
each distribution calendar year after the year of the Participant's death using the surviving
spouse's age as of the spouse's birthday in that year. For distribution calendar years after the
year of the surviving spouse's death, the remaining life expectancy of the surviving spouse is
calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year
of the spouse's death, reduced by one for each subsequent calendar year.
C. If the Participant's surviving spouse is not the Participant's
sole designated Beneficiary, the designated Beneficiary's remaining life expectancy is calculated
using the age of the Beneficiary in the year fol lowing the year of the Participant's death, reduced
by one for each subsequent year.
(2) No Designated Beneficiary. If the Participant dies on or after the
date distributions begin and there is no designated Beneficiary as of September 30 of the year
after the year of the Participant's death, the minimum amount that will be distributed for each
distribution calendar year after the year of the Participant's death is the quotient obtained by
dividing the Participant's Account balance by the Participant's remaining life expectancy
calculated using the age of the Participant in the year of death, reduced by one for each
subsequent year.
(ii) Death Before Date Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the
Participant dies before the date distributions begin and there is a designated Beneficiary, the
minimum amount that will be distributed for each distribution calendar year after the year of the
VI -9
Participant's death is the quotient obtained by dividing the Participant's Account balance by the
remaining life expectancy of the Participant's designated Beneficiary, determined as provided in
Subsection (i).
(2) No Designated Beneficiary. If the Participant dies before the date
distributions begin and there is no designated Beneficiary as of September 30 of the year
following the year of the Participant's death, distribution of the Participant's entire interest will
be completed by December 31 of the calendar year containing the fifth anniversary of the
Participant's death.
(3) Death of Surviving Spouse Before Distributions to Surviving
Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the
Participant's surviving spouse is the Participant's sole designated Beneficiary, and the surviving
spouse dies before distributions are required to begin to the surviving spouse under Subsection
(b)(ii)(1), this Section 6.14(ii) will apply as if the surviving spouse were the Participant.
(e) Definitions:
(i) Designated Beneficiary. The individual who is designated as the
Beneficiary under Section 6.11 of the Plan and is the designated Beneficiary under Section
401(a)(9) of the Internal Revenue Code and Section 1.401(a)(9) -4 of the Treasury regulations.
(ii) Distribution Calendar Year. A Calendar Year for which a minimum
distribution is required. For distributions beginning before the Participant's death, the first
Distribution Calendar Year is the calendar year immediately preceding the Calendar Year which
contains the Participant's Required Beginning Date. For distributions beginning after the
Participant's death, the first Distribution Calendar Year is the calendar year in which
distributions are required to begin under Subsection (b)(ii). The Required Minimum Distribution
for the Participant's first Distribution Calendar Year will be made on or before the Participant's
Required Beginning Date. The Required Minimum Distribution for other Distribution Calendar
Years, including the Required Minimum Distribution for the Distribution Calendar Year in
which the Participant's Required Beginning Date occurs, will be made on or before December 31
of that distribution calendar year.
(iii) Life Expectancy. Life Expectancy as computed by use of the Single Life
Table in Section 1.401(a)(9) -9, Q &A -I of the Treasury regulations.
(iv) Participant's Account Balance. The Account Balance as of the last
valuation date in the calendar year immediately preceding the distribution calendar year
(valuation calendar year) increased by the amount of any contributions made and allocated or
forfeitures allocated to the Account Balance as of dates in the valuation calendar year after the
valuation date and decreased by distributions made in the valuation calendar year after the
valuation date. The Account Balance for the valuation calendar year includes any amounts
rolled over or transferred to the Plan either in the valuation calendar year or in the distribution
calendar year if distributed or transferred in the valuation calendar year.
6.15 Withdrawals from Participant Rollover Account: A Participant may request and
receive a distribution from his Participant Rollover Account at any time, even if he or she has not
terminated employment, unless the rollover was from a defined benefit retirement plan
sponsored by the Employer.
VI -10
ARTICLE VII.
Notices
7.1 Notice to Oklahoma Municipal Retirement Fund: As soon as practicable after a
Participant ceases to be in the employ of the Employer, the Committee shall give written notice
to the Oklahoma Municipal Retirement Fund. The notice shall include such of the following
information and directions as are necessary or advisable under circumstances:
(a) name and address of the Participant;
(b) reason he ceased to be in the Employer's employ;
(c) name and address of the Beneficiary or Beneficiaries in case of Participant's
death;
(d) percentage or amount to which such Participant is entitled in case of termination
of employment;
(e) time, manner and amount of payments to be made to such Participant; and
(f) information required to complete the Trustee's Withholding Election Form.
As soon as practicable after the Committee learns of the death of a Participant, it shall give like
notice to the Oklahoma Municipal Retirement Fund.
7.2 Subsequent Notices: At any time and from time to time after giving the notice as
provided for in Section 7.1, the Committee may modify such original notice or any subsequent
notice by means of a further written notice or notices to the Oklahoma Municipal Retirement
Fund, but any action taken or payments made by the Oklahoma Municipal Retirement Fund
pursuant to a prior notice shall not be affected by a subsequent notice.
7.3 Copy of Notice: A copy of each notice provided for in Sections 7.1 and 7.2 shall be
mailed by the Committee to the Participant or to each Beneficiary involved, as the case may be,
but if, for any reason, such copy is not sent or received, that fact shall not affect the validity of
any notice to the Oklahoma Municipal Retirement Fund nor the validity of any action taken or
payment made pursuant thereto.
7.4 Reliance Upon Notice: Upon receipt of any notice as provided in this Article VII, the
Oklahoma Municipal Retirement Fund shall promptly take whatever action and make whatever
payments are called for therein, it being intended that the Oklahoma Municipal Retirement Fund
may rely upon the information and directions in such notice absolutely and without question.
However, the Oklahoma Municipal Retirement Fund may call to the attention of the Committee
any error or oversight which the Oklahoma Municipal Retirement Fund believes to exist in any
notice.
V11 -1
ARTICLE VIII.
Amendment and Termination
8.1 Termination of Plan: The Employer may at any time, effective as specified, terminate
the Plan and may direct and require the Oklahoma Municipal Retirement Fund to liquidate the
Fund. In the event the Employer shall for any reason cease to exist, the Plan shall terminate and
the Fund shall be liquidated. In the event of the termination, partial termination, or complete
discontinuance of contributions hereunder, the Account balances of each Participant will become
nonforfeitable.
8.2 Suspension and Discontinuance of Contributions: If the governing body of the
Employer decides it is impossible or inadvisable to continue to make contributions to the Plan, it
shall have the power by appropriate resolution or decision to:
(a) suspend contributions to the Plan;
(b) discontinue contributions to the Plan; or
(c) terminate the Plan.
Suspension shall be a temporary cessation of contributions and shall not constitute or require a
termination of the Plan. A discontinuance of contributions shall not constitute a formal
termination of the Plan and shall not preclude later contributions but all Municipality
Contribution Accounts not theretofore fully vested shall become fully vested in the respective
Participants notwithstanding the provisions of Section 6.4. In such event, Employees who
become eligible to enter the Plan subsequent to the discontinuance shall receive no benefits.
After the date of a discontinuance of contributions, the Trust shall remain in existence as
provided in this Section 8.2 and the provisions of the Plan and Trust shall remain in force, A
certified copy of such decision or resolution shall be delivered to the Oklahoma Municipal
Retirement Fund, and as soon as possible thereafter the Oklahoma Municipal Retirement Fund
shall send or deliver to each Participant or Beneficiary concerned a copy thereof.
8.3 Liquidation of Trust Fund: Upon a complete termination or upon a partial termination
of the Plan, unless the Employer's successor shall elect to continue the Plan, the Accounts of all
Participants and Beneficiaries shall thereupon be and become fully vested. Upon a complete
termination, the Oklahoma Municipal Retirement Fund shall convert the proportionate interest of
such Participants and Beneficiaries in the Trust Fund to cash and, after deducting all charges and
expenses, the Oklahoma Municipal Retirement Fund shall adjust the balances of such Accounts
as provided in Section 5.5 treating the termination date as the current Valuation Date.
Thereafter, the Oklahoma Municipal Retirement Fund shall distribute as soon as
administratively feasible the amount to the credit of each such Participant and Beneficiary as the
Committee shall direct.
8.4 Amendments: Each Employer agrees to adopt any amendments to this Plan which are
necessary for an initial or continued determination that the Plan is a qualified, tax exempt plan
under Sections 401(a) and 501(a) of the Code. Any such amendments will be an amendment of
the Employer's separate Plan if approved by the Trustee. The Employer may amend its separate
VIII -1
Plan in any respect and at any time, subject to the limitations of the Plan, by amendment of or
addition to the Joinder Agreement. However, the Oklahoma Municipal Retirement Fund
reserves the right to approve all Employer amendments.
8.5 Provider's Power to Amend for Adopting Employers: The Provider, as defined in
section 4.08 of Rev. Proc. 2017 -41, may amend any part of the Plan. However, for purposes of
reliance on an Opinion Letter (as defined in Rev. Proc. 2017 -41), the Provider will no longer
have the authority to amend the Plan on behalf of the Employer as of the date (1) the Employer
amends the Plan to incorporate a type of plan described in section 6.03 of Rev. Proc. 2017 -41
that is not permitted under the Pre - Approved Plan program, or (2) the Internal Revenue Service
notifies the Employer, in accordance with section 8.06(3) of Rev. Proc. 2017 -41, that the Plan is
an individually designed plan due to the nature and extent of Employer amendments to the Plan.
VIII -2
ARTICLE IX.
Employment Transfers
9.1 Transfers from This Plan:
(a) To Another Category with This Employer: If a Participant is employed by the
Employer and is transferred to employment with this Employer but under another department,
classification or category, so that he is no longer eligible to participate in this Plan, such
participation shall thereupon cease and his Account balance shall remain in the Fund and will
continue to accrue interest but he will not continue to accrue Service for the purpose of
additional vesting credit for benefits under this Plan. However, if an Employee participates in
any other plan sponsored by the Employer within the Fund, he or she will continue to accrue
service under this Plan for vesting purposes only.
(b) To Another Municipality: If a Participant's employment by the Employer is
terminated by virtue of his transfer to employment with another Municipality, his membership in
this Plan shall thereupon cease and he shall be subject to the following rules and requirements
relating to this Plan and his right and benefits hereunder, to -wit:
(i) if he is fully vested under this Flan as of the date of such employment transfer,
he shall be entitled to take any distribution, full or partial, without any effect on his current
vesting status; or
(ii) if he is not fully vested under this Plan as of the date of such employment
transfer, and he is, immediately upon such transfer of employment, covered by the retirement
system under which such other Municipality participates in the Oklahoma Municipal Retirement
Fund, he will continue to accrue Service for the purpose of additional vesting credit for benefits
under this Plan. However, upon any distribution (that would not be optional to an active
Employee), full or partial, vesting will stop and any unvested balance, if any, will be forfeited.
9.2 Transfers to This Plan:
(a) From Another Category with This Employer: If a person becomes a
Participant immediately upon his transfer from full -time, regular employment with this Employer
under another department, classification or category where he is ineligible for membership only
because of the type of such employment, his Service accrued by virtue of such prior employment
shalt not be counted in determining his vesting credit for benefits hereunder.
(b) From Another Municipality: If a person becomes a Participant immediately
upon his transfer from full -time, regular employment with a Municipality other than this
Employer, his Service accrued by virtue of such prior employment shall be counted in
determining his vesting credit for benefits hereunder, and he shall also be subject to all the other
provisions of this Plan. A Participant's eligibility for membership under this Plan will be
determined by applying the eligibility requirements in the Joinder Agreement as though the date
which his credited Service from the other Municipality began was his date of employment with
this Employer. Service from such prior employment will however be ignored in its entirety upon
any distribution from that Municipality, full or partial, if taken prior to its full vesting.
IX -1
(c) Previously Fully Vested With Another Municipality: With respect to a
Participant who was previously 100% vested in any other Municipality's qualified retirement
plan prior to becoming a Participant in this Plan, such Participant's "Service" for purposes of
determining years of service for vesting under this Plan shall include the Participant's last
continuous period during which the Participant was an Employee of the other Municipality.
9.3 Notice of Transfers: Immediately after any transfer of employment referred to in
Sections 9.1 or 9.2, the transferred Participant shall give written notice of such transfer to the
Authorized Agent on a form furnished by the Authorized Agent. Such Participant shall not be
penalized, however, for failure to give such notice. The Authorized Agent shall give immediate
notice in writing of such transfers to the Trust Service Provider and the Committee.
9.4 Transfer from Other Qualified Plans: The Employer may cause to be transferred to the
Oklahoma Municipal Retirement Fund all or any of the assets held in respect to any plan or trust
which satisfied the applicable requirements of the Code relating to qualified plans and trusts,
which is maintained by the Employer for the benefit of its Employees. Any such assets so
transferred shall be accompanied by written instructions from tite Employer, or the trustee or
custodian or the individual holding such assets, setting forth the Participants for whose benefit
such assets have been transferred and showing separately the respective contributions by the
Employer and by the Participants and the current value of the assets attributable thereto. Upon
receipt of such assets and instructions the Oklahoma Municipal Retirement Fund shall thereafter
proceed in accordance with the provisions of the Fund.
9.5 Rollover Contributions: A Participant who is or was entitled to receive an eligible
rollover distribution, as defined in Code Section 402(c)(4) and Treasury Regulations issued
thereunder, from a qualified plan described in Section 401(a) or 403(a) of the Code (including
after -tax employee contributions), an annuity contract described in Section 403(b) of the Code
(including after -tax employee contributions, or an eligible plan under Section 457(b) of the Code
which is maintained by a state, political subdivision of a state, or any agency or instrumentality
of a state or political subdivision of a state, or an individual retirement account may elect to
contribute all or any portion of such distribution to the Trust directly from such qualified plan,
annuity contract or eligible plan, or within 60 days of receipt of such distribution to the
Participant. Rollover Contributions shall only be made in the form of cash, or, if and to the
extent permitted by the Employer with the consent of the Trustee, promissory notes evidencing a
plan loan to the Participant; provided, however, that Rollover Contributions shall only be
permitted in the form of promissory notes if the Plan otherwise provides for loans.
The Committee shall develop such procedures and require such information from
Participants as it deems necessary to ensure that amounts contributed under this Section 9.5 meet
the requirements for tax - deferred rollovers established by this Section 9.5 and by Code Section
402(c). No Rollover Contributions may be made to the Plan until approved by the Committee.
If a Rollover Contribution made under this Section 9.5 is later determined by tite
Administrator not to have met the requirements of this Section 9.5 or of the Code or Treasury
regulations, then, within a reasonable time after such determination is made, the amounts then
held in the Trust attributable to such Rollover Contribution shall be distributed to the Employee.
IX -2
A Participant's Rollover Contributions Account shall be subject to the terms of the Plan
except as otherwise provided in this Section 9.5.
Notwithstanding any other provision of this Section 9.5, the Employer may direct the
Trustee not to accept Rollover contributions.
9.6 Transfer to Other Qualified Plans: The Employer, by written direction to the
Oklahoma Municipal Retirement Fund, may transfer some or all of the assets held under the
Fund to another plan or trust meeting the requirements of the Code relating to qualified plans and
trusts. In the case of any merger or consolidation with, or transfer of assets and liabilities to, any
other plan, provisions shall be made so that each Participant in the Plan on the date thereof (if the
Plan then terminated) would receive a benefit immediately after the merger, consolidation or
transfer which is equal to or greater than the benefit he would have been entitled to receive
immediately prior to the merger, consolidation or transfer (if the Plan had then terminated).
9.7 Rollover to Another Plan or IRA:
(a) General: Notwithstanding any provision of the Plan to the contrary that would
otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time
and in the manner prescribed by the Committee, to have any portion of an Eligible Rollover
Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct
Rollover. The Committee shall establish procedures for implementing such Direct Rollover
distribution.
(b) Definitions: For purposes of this Section 9.7, the following definitions shall
apply:
(i) "Eligible Rollover Distribution ": An "Eligible Rollover Distribution" is
any distribution of all or any portion of the balance to the credit of the Distributee, except that an
Eligible Rollover Distribution does not include: any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually) made for the life (or life
expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and
the Distributee's designated Beneficiary, or for a specified period of 10 years or more; any
distribution to the extent such distribution is required under Section 401(a)(9) of the Code; the
portion of any distribution that is not includable in gross income (determined without regard to
the exclusion for net unrealized appreciation with respect to Employer Stock); and any
distributions attributable to a hardship. With respect to distributions made after December 31,
2001, for purposes of the direct rollover provisions in Section 9.7 of the Plan, a portion of a
distribution shall not fail to be an eligible rollover distribution merely because the portion
consists of after -tax employee contributions which are not includible in gross income. However,
such portion may be transferred only to (i) an individual retirement account or annuity described
in Section 408(a) or (b) of the Code or, effective for distributions on or after January 1, 2008, a
Roth individual retirement account of annuity described in Section 408A of the Code, or (ii) a
qualified defined contribution plan described in Section 401(a) or 403(a) of the Code that agrees
to separately account for amounts so transferred, including separately accounting for the portion
of such distribution which is includible in gross income and the portion of such distribution
which is not so includible.
IX -3
(ii) "Eligible Retirement Plan ": An "Eligible Retirement Plan" is an
individual retirement account described in Section 408(a) of the Code, an individual retirement
annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of
the Code, or a qualified plan described in Section 401(a) of the Code, an annuity contract
described in Section 403(b) of the Code and an eligible plan under Section 457(b) of the Code
which is maintained by a state, political subdivision of a state, or any agency or instrumentality
of a state or political subdivision of a state and which agrees to separately account for amounts
transferred into such plan from this Plan; or, effective January 1, 2008, a Roth IRA described in
Code Section 408A(b), that accepts the Distributee's Eligible Rollover Distribution. However,
in the case of an Eligible Rollover Distribution to the surviving spouse or a Participant's
surviving Beneficiary, an Eligible Retirement Plan is an individual retirement account or
individual retirement annuity. The definition of Eligible Retirement Plan shall also apply in the
case of a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate
payee under a qualified domestic relation order, as defined in Section 414(p) of the Code. If any
portion of an Eligible Rollover Distribution is attributable to payments or distributions from a
designated Roth account, an Eligible Retirement Plan with respect to such portion shall include
only another designated Roth account of the individual from whose account the payments or
distributions were made, or a Roth IRA of such individual. In the case of a nonspouse
beneficiary, the direct rollover may be made only to an individual retirement account or annuity
described in Code Section 408(a) or 408(b) ( "IRA ") that is established on behalf of the
designated Beneficiary and that will be treated as an inherited IRA pursuant to the provisions of
Code Section 402(c)(ii). Further, the determination of any required minimum distribution under
Code Section 401(a)(9) that is ineligible for rollover shall be made in accordance with IRS
Notice 2007 -7, Q &A 17 and 18, 2007 -5 I.R.B. 395.
(iii) "Distributee ": A "Distributee" includes a Participant or former
Participant. In addition, the Participant's spouse or former Participant's surviving spouse or
surviving Beneficiary (effective January 1, 2007) and the Participant's or former Participant's
spouse or former spouse who is the alternate payee under a qualified domestic relations order, as
defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or
former spouse.
(iv) "Direct Rollover ": A "Direct Rollover" is a payment by the Plan directly
to the Eligible Retirement Plan specified by the Distributee.
9.8 Requirements for Rollover by Individuals: An Employee (whether or not a Participant
under this Plan), who, as a result of a termination of another plan qualified tinder Section 401(a)
of the Code, a termination of employment, disability or attainment of age 59%2 years, has had
distributed to him his entire interest in a plan which meets the requirements of Section 401(a) of
the Code (hereinafter referred to as the "Other Plan ") may, in accordance with procedures
approved by the Committee, transfer all or any part of the distribution received from the Other
Plan to the Trustees under this Plan, provided the following conditions are met:
(a) the transfer occurs on or before the 60th day following his receipt of the
distribution from the Other Plan, or, if such distribution had previously been deposited in an
individual retirement account (as defined in Section 408 of the Code), the transfer occurs on or
IX -4
before the 60th day following his receipt of such distribution, plus earnings thereon from such
individual retirement account;
(b) the distribution from the Other Plan qualifies as a lump sum distribution within
the meaning of Subsection 402(e)(4)(A) of the Code or is a result of a termination of another
plan qualified under Section 401(a) of the Code; and
(c) the amount transferred shall not exceed the distribution he received from the
Other Plan, less the amount, if any, considered contributed by him in accordance with Subsection
402(e)(4)(D)(i) of the Code, plus earnings thereon during the period, if any, in which the amount
was held in an individual retirement account.
9.9 Transfers From Another Qualified Plan:
(a) With respect to an Employee (whether or not a Participant under this Plan), who
has an undistributed account balance in another plan which meets the requirements of Section
401(a) of the Code (hereinafter referred to as the "Other Plan "), the Committee may, in its sole
discretion, approve a direct transfer of such account balance from the Other Plan to the Trustees
under this Plan.
(b) If the Plan receives a direct transfer (by merger or otherwise) of elective
contributions (or amounts treated as elective contributions) under a plan with a Section 401(k)
arrangement, the distribution restrictions of Sections 401(k)(2) and (10) of the Code continue to
apply to those transferred elective contributions.
9.10 Procedures: With respect to transfers under either Section 9.8 or 9.9 herein, the
Committee shall develop such procedures, and may require such information from an Employee
or the fiduciaries of the Other Plan desiring to make such a transfer, as it deems necessary or
desirable to determine that the proposed transfer will meet requirements of this Article and the
law. Upon approval by the Committee, the amount transferred shall be deposited in the Trust
Fund and shall be credited to a Rollover Account established in the Employee's name. Such
Account shall be 100% vested in and nonforfeitable by the Employee, shall share in increases
and decreases thereon determined in accordance with the Plan, but shall not share in Employer
Contributions or Forfeitures. Upon termination of employment, the total amount of Employee's
Participant Rollover Account shall be distributed as part of his Benefit.
IX -5
ARTICLE X.
Administration
10.1 Administration: The Plan shall be administered by the Committee which is hereby
created and established and which shall be composed of the members of the City Council of the
Employer. The duties of the Committee shall be performed without compensation other than the
compensation, if any, which they receive as officers of the Employer unless additional
compensation is specifically provided for by action of the City Council. Any usual and
reasonable expenses incurred by the Committee in the administration of this Fund and Plan shall
be paid by the Employer.
(a) Committee: The Committee shall have such powers as may be necessary to
discharge its duties hereunder and under the document creating the Oklahoma Municipal
Retirement Fund, and under the contract for the pooling of the Fund with similar funds of other
Municipalities. Such powers shall include but not be limited to the following powers and duties:
(1) to delegate to, specify, direct, and supervise the performance of duties of
the Authorized Agent, as the agent of the Employer and Committee in matters relating to the
Plan, the Fund, and the Oklahoma Municipal Retirement Fund, including but not limited to, the
duties set forth below in Subsection 10.1(b) and including any duties of the Employer under the
Plan, or as set forth in this Subsection 10.1(a);
(2) acting by direction to the Authorized Agent to file a petition for
nomination, or otherwise nominate, and cause the ballot for the election of Trustees of the
Oklahoma Municipal Retirement Fund;
(3) to construe and interpret the Plan and resolve any ambiguities with respect
to any of the terms and provisions thereof as written and as applied to the operation of the Plan;
(4) to decide all questions of eligibility and determine the amount, manner and
time of payment of any benefits hereunder;
(5) to prescribe procedures to be followed by Participants in filing
applications for benefits;
(6) to make a determination as to the right of any person to a benefit and to
afford any person dissatisfied with such determination the right to a hearing thereon;
(7) to receive from the Employer, the Trustees, the Trust Service Provider and
the Authorized Agent, such information as shall be necessary for the proper administration of the
Plan;
(8) to prepare and distribute, in such manner as it determines to be
appropriate, information explaining the Plan;
(9) to furnish the Employer, upon request, such annual reports with respect to
the administration of the Plan as are reasonable and appropriate;
X -1
(10) to receive and review reports from the auditor appointed by the Trustees,
the City Treasurer and City Auditors, of the financial condition of the Fund;
(11) to have full power, to manage and control, the Plan and Fund and to
authorize in writing, all payments from the Fund by written direction of the Authorized Agent, or
otherwise;
(12) to sue in any court of competent jurisdiction for the enforcement of any
contract, claim or other right, and to defend against or to compromise, settle or otherwise dispose
of any claim or suit against the Employer, the Plan, or the City Treasurer, as Treasurer of the
Plan; and
(13) to appoint such person or persons as necessary to perform the following;
a. to receive and separately account for, payments, appropriations,
apportionments, allocations, payroll deductions, and any other assets, which are for, or
consist of contributions or assets under the Plan for the Fund, which are made by the
Employer, the Participants, or from any other source;
b. to transfer, remit, pay over and deliver, upon the written direction of
the Authorized Agent, as soon as practicable after his receipt thereof, all such
contributions and assets, to the Oklahoma Municipal Retirement Fund for management
and investment;
c. to keep as evidence and permanent records, all such written directions
of the Authorized Agent for such transfers and disbursements, maintain accurate accounts
and records of such receipts, transfers and disbursements, and keep such other records
and furnish such information and advice to the Employer, the City Council, the
Committee and the Authorized Agent as may be necessary and proper for the
performance of such duties in coordinating the administration and operation of the Plan;
d. maintain such records including vital statistics on health, age, sex,
birth, death, Compensation and length of Service of all the Participants of the Employer
or their beneficiaries who are included in the Plan or who are, or may become eligible for
such inclusion, as are necessary for the proper administration of the Plan, and furnish
such information as is requested by the Authorized Agent, or is requested by the
Administrator;
e, notify the Authorized Agent when any Participant is eligible for
Retirement under the Plan; and
f. attend meetings of the Committee while matters pertaining to the Plan,
the Employees or their beneficiaries are under consideration.
The Committee shall have no power to waive or fail to apply any requirements of
eligibility for a Benefit under the Plan. The Committee may adopt such rules, regulations and
actuarial tables as it deems necessary or desirable to administer the Plan. All such rules,
X -2
regulations and decisions shall be uniformly and consistently applied to all Employees in similar
circumstances.
Any such rule or decision which is not inconsistent with the provisions of the Plan shall
be conclusive and binding upon all persons affected by it and there shall be no appeal from any
ruling by the Committee which is within its authority.
When making a determination or calculation, the Committee shall be entitled to rely upon
information furnished by the Trustees, the Trust Service Provider, the Employer, the Authorized
Agent, the legal counsel of the Employer, or the actuary for the Plan.
(b) Authorized Agent: An Authorized Agent shall be designated in writing by the
Committee and shall act as the agent of the Employer (but not the agent of the Trustees or the
Trust Service Provider of the Oklahoma Municipal Retirement Fund) in matters pertaining to the
Plan, the Fund and the Oklahoma Municipal Retirement Fetid, to centralize in one person the
local administration and coordination thereof, and to file payroll and contribution information, to
file claims, forms and applications for Participants, and to advise Participants, the Employer and
the Committee. The Authorized Agent, under the control and direction of the Committee, shall
have such general duties as the Employer and the Committee may deem necessary and proper for
such purposes, which duties shall include but not be limited to, the following:
(1) to coordinate the deduction of Participant contributions and to see that
Employer and Participant contributions are properly received and forwarded promptly to the
Oklahoma Municipal Retirement Fund for management and investment;
(2) to forward any communications directed to Participants and beneficiaries
by the Trustees, the Trust Service Provider or the Oklahoma Municipal Retirement Fund;
(3) to lend assistance to Participants and beneficiaries in filing applications for
benefits, and in communicating with the Employer, the Committee and the Trustees or the Trust
Service Provider of the Oklahoma Municipal Retirement Fund and to forward such
communications to the addressees;
(4) to assist the Committee in determining whether or not Employees are
eligible for participation in the Plan;
(5) to certify at the direction of the Committee that a Participant is on an
authorized leave of absence, paid or unpaid; and
(6) to file at the direction of the Committee a petition or nomination, and cast
a ballot for election of Trustees of the Oklahoma Municipal Retirement Fund.
(c) Plan Counselor: The Committee of the Employer shall appoint the legal advisor
of the Employer and the Committee, and such legal advisor shall represent them in any legal
matters, proceedings, or litigation.
10.2 Bonds: No bond to secure the performance of administrative duties in the operation of
the Plan and Fund, shall be required of any persons or organizations unless required by law, or
unless required by the Trust Indenture establishing The Oklahoma Municipal Retirement Fund,
or unless required by the Employer for any persons or organizations engaged in the
X -3
administration of the Plan. If such a bond is required by law, the Trustees or the Employer, the
premiums therefor shall be paid as expenses of the Oklahoma Municipal Retirement Fund as to
its members, agents, employees, Municipal Retirement Fund, or as expenses of the Employer as
to the administration of the Plan. Any agents, officials or Employees of the Employer engaged
in the administration of the Plan shall be covered as to the performance of such administrative
duties, by any official or other bond covering their regular duties otherwise.
10.3 Benefit Payments: All benefits are to be paid pursuant to the provisions of the Plan out
of the applicable portion of the Oklahoma Municipal Retirement Fund.
10.4 Abandonment of Benefits:
(a) If, anytime following the date either of a Participant or Beneficiary of a deceased
Participant becomes entitled to receive any non - deferred benefits under the Plan, then, if the
whereabouts of such Participant or Beneficiary is unknown, the benefits may be forfeited in certain
limited circumstances as provided hereafter. If the Committee has mailed to the Participant or
Beneficiary notice of the present right to receive benefits, and the Committee mails such notice
again after one year, then, if no claim has been received by the second anniversary of the first
mailing of the notice, the Accounts representing unclaimed Benefits (including those holding
Employee contributions) can be forfeited pursuant to Section 5.4 herein.
(b) Each Participant and Beneficiary shall file with the Committee, from time to time in
writing, their post office address and each change of post office address, if any, and the Committee
shall not be obliged to search for or ascertain the whereabouts of any Participant or Beneficiary.
Any communication addressed to a Participant or Beneficiary at their last post office address filed
with the Committee, or if no such address was filed, then at their last post office address as shown
on the Employer's records, shall be binding on the Participant and the Beneficiary for all purposes
of the Plan and Trust.
(c) In the event that the whereabouts of a lost Participant, or lost Beneficiary of a
deceased Participant, ever becomes known to the Committee, and either of such parties makes a
claim for benefits, the Committee shall, if the Plan is in existence, reinstate any Benefits which have
been previously forfeited to satisfy such claim; provided, the amount reinstated shall, in any event,
be equal to the amount of the forfeited benefit unadjusted by any increases or decreases under
Section 5.6 herein occurring after such forfeitures were allocated. Reinstated Forfeitures shall be
satisfied from the following sources in the priority indicated: (i) unallocated Forfeitures,
(ii) unallocated Fund increases, or (iii) Employer contributions which the Employer shall make if
necessary to satisfy such reinstatement. For purposes of this Subsection (c), the limitations under
Section 415 of the Code shall not apply.
10.5 Benefits Payable to Incompetents: Any payments due hereunder to a minor or other
person under legal disability may be made, at the discretion of the Committee, to a valid power
of attorney, a court appointed guardian, or any other person authorized under state law to receive
the benefit. The Committee shall not be required to see to the application of any such payment,
and the payee's receipt shall be a full and final discharge of all responsibility hereunder of the
Employer, the Committee and the Trustees.
X -4
ARTICLE XI.
General
11.1 USERRA: Notwithstanding any provision of this Plan to the contrary, effective
December 12, 1994, contributions, benefits and service credit with respect to qualified military
service will be provided in accordance with Section 414(u) of the Code. A Participant returning
from military service shall not be entitled to catch -up on Pick -Up Contributions missed during
such military service.
11.2 Not Contract Between Employer and Participant: Neither the creation of this Plan, nor
any amendment to it, nor the creation of any fund, nor the payment of benefits hereunder shall be
construed as giving any legal or equitable right to any Participant against the Employer or
against the Oklahoma Municipal Retirement Fund, except as provided herein, and all liabilities
under this Plan shall be satisfied, if at all, only out of the Fund held by the Oklahoma Municipal
Retirement Fund. Participation in the Plan shall not give any Participant any right to be retained
in the employ of the Employer, and the Employer hereby expressly retains the right to hire and
discharge any Participant at any time with or without cause, as if this Plan had not been adopted,
and any such discharged Participant shall have only such rights or interests in the Fund as may
be specified herein.
11.3 Payment of Fees: The Employer shall pay a fee in an amount determined and revised
from time to time by the Oklahoma Municipal Retirement Fund.
11.4 Governing Law: The validity, construction and administration of this Plan shall be
determined under the laws of the State of Oklahoma.
11.5 Counterpart Execution: This Plan may be executed in two or more counterparts, as
may be all amendments thereto be executed, and any one of the executed copies shall be deemed
an original.
11.6 Severability: Every provision of this Agreement is intended to be severable. If any term
or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Plan.
11.7 Spendthrift Provisions: Benefits payable under this Plan shall not be subject in any
manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge,
garnishment, execution or levy of any kind, either voluntary or involuntary, including any such
liability which is for alimony or other payments for the support of a spouse or former spouse, or
for any other support of a spouse or former spouse, or for any other relative of the Employee,
prior to actually being received by the person entitled to the benefit under the terns of the Plan;
and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or
otherwise dispose of any right to benefits payable hereunder, shall be void. The Fund shall not
in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of
any person entitled to benefits hereunder. The preceding provisions shall not apply to the
creation, assignment or recognition of a right to any benefit payable with respect to a Participant
pursuant to a domestic relations order, and does not preclude the Oklahoma Municipal
XI -1
Retirement Fund from complying with a court order requiring deduction from the benefits of a
Participant in pay status for alimony and support payments.
11.8 Maximum Duration: Nothing herein shall be construed to suspend the power of
alienation or prevent the vesting of the interest of any person in the Plan for a longer period than
the duration of the lives of the designated Beneficiaries of a particular interest therein in being at
the time such designation becomes irrevocable, plus twenty-one (21) years; if any provisions
shall be held to violate a rule or law against restraints on alienation or remote vesting, the Plan
shall not be vitiated thereby, but the Plan, or the portion of the Plan thus affected, shall
immediately be distributed to those entitled as their interest shall then appear.
11.9 Number and Gender: Pronouns and other similar words used herein in the masculine
gender shall be read as the feminine gender where appropriate; pronouns and other similar words
used herein in the neuter gender shall be read as the masculine or feminine gender where
appropriate; and the singular form of words shall be read as the plural where appropriate.
11.10 Compensation and Expenses of Administration: If a Trustee, a member of Oklahoma
Municipal Retirement Fund, or a member of the Committee is an Employee of the Employer, he
shall serve without any additional compensation. The Employer may pay all or part of the
expenses of administration of the Plan, including the compensation and expenses of the Trustee,
and any other expenses incurred at the direction of the Oklahoma Municipal Retirement Fund,
including, without limitation, fees of actuaries, accountants, attorneys, investment managers,
investment advisors and other specialists, and any other costs of administering the Plan. To the
extent that any of such expenses are not paid by the Employer, such expenses shall be paid by
the Oklahoma Municipal Retirement Fund out of the Fund. In addition, the Plan or Trustees
shall be authorized to charge to a Participant's Account any direct expenses it incurs in
connection with such Account, which shall include by example, and not by limitation, expenses
resulting from a Participant's QDRO, bankruptcy or default on a Plan loan, and expenses
incurred in attempting to locate a Participant. Trustees shall have the power under this Section in
their sole discretion to determine the items and amounts thereof which should equitably and
reasonably be charged to a particular Account. .If such charges exceed the balance in a
Participant's Accounts, the excess shall be charged to the general Trust Fund.
11.11 Supercession of Inconsistent Provisions: The provisions of the Plan override any
conflicting provision contained in the Trust or custodial account documents used with the Plan.
11.12 Mistake of Fact: All contributions to the Plan are made subject to the correctness of the
amount. In the event a contribution is made to the Plan and Trust by the Employer under a
mistake of fact concerning the correctness of such contribution, then the Oklahoma Municipal
Retirement Fund shall return such portion of such contribution which is in excess of the amount
that would have been contributed had there not occurred a mistake of fact within one year after
the payment of the contribution to the Oklahoma Municipal Retirement Fund.
In the case of amounts returned pursuant to this Section 11.12, no earnings attributable to
such amounts may be returned to the Employer, but losses attributable thereto shall reduce the
amount returned, and no such return shall reduce the balance of any Participant's Municipality
XI -2
Contribution Accounts to less than the balance which would have been credited thereto had such
amount not been contributed.
11.13 Written Notices: Any reference herein to written notices or documents or notices or
elections in writing shall be deemed to include any method of communication acceptable to the
Oklahoma Municipal Retirement Fund, and subject to applicable requirements of Treas. Reg.
Section 1.401(a) -21.
XI -3
IN WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing
instrument comprising the Plan, the Oklahoma Municipal Retirement Fund, has caused its
corporate seal to be affixed hereto and these presents to be duly executed in its name and behalf
by its proper officers thereunto authorized this 17th day of December. 2021.
OKLAHOMA MUNICIPAL RETIREMENT
STATE OF OKLAHOMA )
ss.
COUNTY OF OKLAHOMA )
BEFORE ME, the undersigned a Notary Public in and for said County and State, on this
amt , personally appeared to me known to
be the identical person who subscribed the name of the Oklahoma Municipal Retirement Fund, a
municipal corporation, to the foregoing instrument as its Chairperson and acknowledged to me
that he executed the same as his free and voluntary act and deed and as the free and voluntary act
and deed of such corporation, for the uses and purposes therein set forth.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, the d/anc?t year last above
written.
My Commission Expires:
(NOTARY SEAL)
CITY of OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 02126/22
Department Payroll Expenses Total Expenses
105
Municipal Court
5,661.68
9,145.04
110
Managerial
23,891.19
33,419.25
120
Finance
22,296.77
32,319.38
130
Human Resources
9,798.94
14,785.72
160
Community Development
19,958.28
31,224.46
170
Engineering
20,165.22
31,476.95
175
Information Systems
18,445.81
27,067.87
181
Support Services
9,773.40
14,980.39
190
Cemetery
1,360.42
2,900.04
201
Police Grant Overtime
3,447.10
3,493.13
215
Central Dispatch
2,603.44
3,905.41
221
Animal Control
4,306.50
6,467.32
280
Emergency Preparedness
2,460.89
3,459.26
370
Stormwater /ROW Maint.
8,403.73
13,691.28
515
Park Maintenance
6,903.64
10,758.70
520
Culture /Recreation
12,708.28
19,330.78
550
Community - Senior Center
6,405.68
8,594.96
580
Historical Museum
764.40
853.44
710
Economic Development
5,026.45
7,600.77
720
Strong Neighborhood
273.91
449.55
General Fund Total
184,655.73
275.923.70
185 Garage Fund Total 10,244.30 17,225.77
255 Ambulance Fund Total 553.85 618.38
215 E911 Communication 23,702.39 37,895.99
250 Fire Fund 37 Total 198,473.11 304,792.10
201 Police Fund 38 Total 192,000.67 295,548.60
300 Streets Fund 39 Total 23,434.07 39,548.62
370 Stormwater Fund 27 Total 5,329.02 8,100.26
150 Worker's Compensation Total
720 Strong Neighborhoods Total 4,428.99 6,694.69
CITY OF OWASSO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 3110122
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
ADMIN FEES
DENTAL DEPT TOTAL
VSP ADMIN FEES
ADMIN FEES
VISION DEPT TOTAL
HEALTHCARE SELF INSURANCE FUND TOTAL
AMOUNT
52, 203.41
29, 02727
22,416.74
22,291.80
61,445.51
2,330.91
189,715.64
7,886.20
5,928.80
7,494.20
3,258.92
24,568.12
82.81
1,432.10
1,514.91
215,798.67
CITY OF OWASSO
GENERAL FUND & HALF -PENNY SALES TAX
FISCAL YEAR 2021 -2022
Budgetary Basis
Statement of Revenues & Expenditures
As of February 28, 2022
Q:\Finance (120)\Accounting \Reports \Current FY\GF Financials
MONTH
YEAR
PERCENT
TO -DATE
TO -DATE
BUDGET
OF BUDGET
REVENUES:
Taxes
$ 4,115,540
$ 29,022,819
$ 37,418,096
77.56%
Licenses & permits
22,323
267,527
256,639
104.24%
Intergovernmental
68,602
4,417,301
7,980,058
55.35 %,
Charges for services
69,098
549,305
764,001
71.90%
Fines & forfeits
17,158
120,323
219,100
54.92%
Other
262
206,816
211,565
97.76%
Interest
5,830
49,942
97,761
51.09 %,
TOTAL REVENUES
$ 4,298,813
$ 34,634,034
$ 46,947,220
73.77%
EXPENDITURES:
Personal services
$ (1,726,343)
$ (14,999,469)
$ (24,433,470)
61.39%
Materials & supplies
(211,207)
(1,026,827)
(2,066,485)
49.69%
Other services
(141,923)
(1,600,546)
(2,941,897)
54,41%
Capital outlay
(39,488)
(273,749)
(4,074,279)
6.72%
0.00%
TOTAL EXPENDITURES
$ (2,118,961)
$ (17,900,590)
$ (33,516,131)
53.41%
REVENUES OVER EXPENDITURES
$ 2,179,852
$ 16,733,444
$ 13,431,089
TRANSFERS IN (OUT):
Transfers in -Sales Tax
$ 1,972,094
$ 14,189,217
$ 18,322,425
77.44%
Transfers out
(3,231,398)
(25,651,130)
(39,448,026)
65.03%
TOTAL TRANSFERS
$ (1,259,303)
$ (11,461,914)
$ (21,125,601)
54.26%
NET INCOME (LOSS)
$ 920,549
$ 5,271,530
$ (7,694,512)
ENCUMBRANCES OUTSTANDING
$ (1,226,712)
FUND BALANCE (Budgetary Basis)
Beginning Balance
18,057,397
18,057,397
Ending Balance
$ 22,102,215
$ 10,362,884
Q:\Finance (120)\Accounting \Reports \Current FY\GF Financials